ALLIED WORLD SPECIALTY INSURANCE COMPANY v. INDEPENDENCE BLUE CROSS

Filing 36

ORDER THAT THE MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DEFENDANT SHALL FILE AN ANSWER TO PLAINTIFF'S COMPLAINT ON OR BEFORE 11/14/2017. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 10/31/2017. 10/31/2017 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALLIED WORLD SPECIALTY
INSURANCE COMPANY,
formally known as
DARWIN NATIONAL ASSURANCE
COMPANY
v.
INDEPENDENCE BLUE CROSS

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CIVIL ACTION
No. 17-1463

ORDER
AND NOW, this 31st day of October, 2017, upon consideration of Defendant
Independence Blue Cross, LLC’s Motion to Dismiss or Stay the Complaint, Plaintiff Allied
World Specialty Insurance Company f/k/a Darwin National Assurance Company’s opposition
thereto, and Defendant’s reply, and after a June 28, 2017, oral argument on the Motion, it is
ORDERED the Motion (Document 9) is GRANTED in part and DENIED in part as follows:
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The Motion is GRANTED as to the issue of whether the relief sought by the plaintiffs
in the underlying MDL Action, In Re: Blue Cross Blue Shield Antitrust Litigation,
Master File No. 2:13-cv-20000-RDP (N.D. Ala.), is covered under the insurance
policy issued by Plaintiff to Defendant insofar as this issue is stayed for a period of
six months, until April 30, 2018, or until the disposition of the plaintiffs’ claims for
relief in the MDL Action.

Upon the expiration of the six-month period or the

disposition of the plaintiffs’ claims—whichever occurs sooner—the parties shall file
letter briefs indicating whether the stay should be continued or if this issue is ripe for
consideration.

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The balance of the Motion is DENIED, and this case shall proceed as to whether
coverage is barred by the Related Claim and/or Prior Litigation Exclusions in the
Policy.

Defendant shall file an answer to Plaintiff’s Complaint on or before November 14, 2017.

BY THE COURT:

/s/ Juan R. Sánchez .
Juan R. Sánchez, J.

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