DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151076P.pdf 09/07/2017 UnitedHealth Group Inc. v. Executive Risk Specialty Ins.
U.S. Court of Appeals Case No: 15-1076
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Loken, Circuit
Judge]
Civil case - Insurance. In action seeking indemnity and defense costs for
underlying litigation settlements under professional liability excess
insurance policies issued by UnitedHealth, the district court did not err
in granting the defendant insurance companies' motion for summary judgment
on the ground that UnitedHealth did not present sufficient evidence on how
a settlement was allocated between covered and non-covered claims; under
Minnesota law, it is not enough for UnitedHealth to simply show that the
entire $350 million settlement included a covered claim of an unspecified
amount; UnitedHealth bears the burden to allocate the settlement between
the potentially covered suit and the non-covered suit with enough
specificity to permit a reasoned judgment about liability; UnitedHealth
waived its objection to the court's order on defense costs.