Axis Reinsurance Company, Defendant Below, Appellants v. Hlth Corporation and Emdeon Practice Services…

Summary

The court held that the Prior Acts Exclusion unambiguously barred coverage for claims arising from the Singer Action because the Amend Retention endorsement addressed only retention amounts and did not create coverage. It also held that the Prior Notice Exclusion barred coverage because notice had been given under an earlier insurance tower before notice was given under the later tower, despite the absence of overlapping coverage periods. The court affirmed the judgment concerning the Prior Notice Exclusion, reversed the denial of National Union's summary-judgment motion concerning the Prior Acts Exclusion, and remanded for entry of judgment for National Union.