Insurer Can't Yet Dodge Defending Surgical Co. In J&J Suit

Law360 (December 11, 2020, 5:58 PM EST) -- A Florida federal judge refused on Friday to grant Hallmark Specialty Insurance Co. an early win in its suit seeking to avoid defending a surgical product distributor that stands accused by Johnson & Johnson of selling counterfeit medical products.

U.S. District Judge Rodolfo A. Ruiz II refused Hallmark's request for judgment on the pleadings, ruling that more information and discovery is needed before determining whether the fact that distributor Lion Heart Surgical Supply LLC's name was not on the general liability insurance policy was a mistake.

"Whether any mistake occurred is a question of fact that requires evidence of the parties'...

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