Mich. Courts Can't Nix Policy Limits Automatically: 6th Circ.

Law360, New York (June 05, 2012, 10:37 PM ET) -- Ruling on Stryker Corp.'s coverage battle over defective medical device claims, the Sixth Circuit held Tuesday that Michigan courts cannot automatically void policy limits and deductibles when insurers breach their duty to defend, bringing Michigan into line with many other states.

While finding that XL Insurance America should cover a slew of suits against Stryker and Pfizer Inc. over the use of expired artificial knees, the appeals court determined that the Western District of Michigan had mistakenly relied on an old Sixth Circuit decision to waive...
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