Cooper Laboratories, Inc. v. International Surplus Lines Insurance Company

OPINION OF THE COURT

WEIS, Circuit Judge.

In this case a pharmaceutical manufacturer’s claim for indemnity against its excess products liability insurer rests on the theory that a hospital is also insured under the same policy. Once that fact is established, the manufacturer contends it is entitled to a credit against its self-insured retention for the amount the hospital contributed to the multi-party settlement of a patient’s injury. Differing with the district court, we conclude that the hospital comes within the scope of a vendor’s endorsement to the policy. That leads to a second question,…