Law360, Wilmington (February 27, 2019, 10:35 PM EST) — Cigna Corp. pointed repeatedly Wednesday to Anthem Inc. decisions to keep mum about some sale and reporting plans for their abandoned $54 billion merger, during the third day of a 10-day Delaware Chancery Court trial on competing damage claims that now top $20 billion.
During cross-examinations of Anthem witnesses, Cigna pressed its former merger partner on amendments to or submission of key reports without Cigna input and on undisclosed divestiture options that could have put pressure on Cigna customers to switch to Blue Cross Blue Shield policies.
Although Anthem considered rebranding Cigna plans to Blue-company versions or invoking “affiliate” language that would give Cigna customers access to better Anthem rates, the company tentatively set aside those options. That could have meant Cigna customers and employer-policy holders would have instead faced individual economic pressures to make the change.
Cigna, however, was not informed of Anthem’s decision as it took shape in 2016.