Stryker Corporation v. National Union Fire Insurance

JAMES L. GRAHAM, District Judge.

Stryker Corporation appeals the district court’s ruling that Stryker is obligated to pay a $2 million self-insured retention (“SIR”) under an insurance policy it held with XL Insurance America. XL cross-appeals the district court’s rulings that XL is not entitled to recoup overpayments it made as part of a settlement with a third party and that XL must pay pre-judgment penalty interest.

For the reasons set forth below, the district court is AFFIRMED in all respects.

I

The matter before the Court presents questions concerning the implementation of the Court’s prior…