Sixth Circuit addresses TIG excess liability umbrella policy obligation to Stryker for "Uni-Knees"
Pfizer sued Stryker, a medical device company, arguing that Stryker owed a duty of indemnity to Pfizer for any liability arising out of failed knee implants it manufactured. Pfizer argued the indemnity arose out of a stock and asset purchase agreement between the two companies that continued insurance coverage originally purchased by Stryker. Pfizer prevailed in the litigation, but TIG, Stryker's umbrella or "excess" insurer, argued that it was not bound by the litigation. After a brief analysis of the complicated litigation between the two companies and their insurers, the Sixth Circuit held that the issues between them were not rendered moot by prior decisions, and that TIG was not precluded from arguing any issues that were decided in litigation to which it was not a party.