
Law360 (February 13, 2023, 7:23 PM EST) — A Pennsylvania Blue Cross Blue Shield licensee is not covered for the antitrust litigation it is facing, part of which has been settled for $2.67 billion, because the litigation was related to previous claims, its excess errors and omissions insurer told a Pennsylvania federal court.
Atlantic Specialty Insurance Co. filed counterclaims Friday arguing that Capital BlueCross isn’t owed coverage because of a “related claim” provision and a “prior and pending litigation” exclusion.
In its counterclaims, ASIC pointed to the cases of Musselman v. Blue Cross Blue Shield of Alabama, and the class action Love v. Blue Cross Blue Shield Association.
ASIC said that the Love litigation, which was settled in 2008, involves allegations related to the still-pending multidistrict litigation. The Love litigation was based on the theory that the Blues had not competed against each other for many years but instead engaged in an agreement to coordinate their activities on a nationwide basis to maximize profits, the insurer said.
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