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AMERICAN CONTINENTAL INS. CO. v. MARION MEM. HOSP.

September 6, 1991

AMERICAN CONTINENTAL INSURANCE COMPANY, Plaintiff,
v.
MARION MEMORIAL HOSPITAL, Defendant



The opinion of the court was delivered by: FOREMAN

 JAMES L. FOREMAN, CHIEF UNITED STATES DISTRICT JUDGE

 Before the Court are cross-motions for summary judgment (Document Nos. 24 and 26) on the plaintiff's complaint for declaratory judgment. The Court has jurisdiction over this action pursuant to 28 U.S.C. ยง 1332 and venue is proper in the Southern District of Illinois.

 I. FACTS

 The basic facts of this case are undisputed. On July 1, 1987, the plaintiff, American Continental Insurance Company (ACIC), issued a hospital liability indemnification insurance policy to the defendant, Marion Memorial Hospital. Plaintiff's Exhibit A. The policy was a "claims made" policy, which provided that coverage applied "only to claims first made during this policy period arising from occurrences which take place subsequent to the retroactive dates stated in the Declarations for the particular coverage involved." Id. at 3. The Declarations identified the policy period as July 1, 1987, to July 1, 1988, with a retroactive date of June 1, 1985.

 A claim is first made under the policy at the earlier of the following times:

 
(a) When the insureds first gives written notice to [the insurance company] that a claim has been made, or
 
(b) when you or any insured receives written notice of a claim, or

 Id. at 4.

 The policy includes a number of exclusions. At issue in this case is Exclusion No. 8, which provides that the policy does not apply

 
to liability of the insured for damages resulting from an injury, harm, or loss if, prior to the inception of this policy period, any claim has been made against the insured by anyone for such damages or if the insured could have reasonably foreseen that such injury, harm, or loss might result in a claim for such damages.

 Id. at 7 (emphasis added). This exclusion is further emphasized in a separate endorsement which provides that

 
It is hereby understood and agreed that such insurance as is afforded by this policy does not apply to any claim made or suit brought against the insured:
 
1. Prior to (July 1, 1987), whether or not such claim or suit has been reported to any liability insurer; or
 
2. Arising out of an occurrence which took place, in whole or in part, prior to (July 1, 1987), if the insured was aware or reasonably should have been aware prior to the effective date of this policy that such ...

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