Royal Surplus Lines Insurance v. Sofamor Danek Group, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VOIDNESS ISSUE

JULIA SMITH GIBBONS, Circuit Judge, Sitting by Designation.

This declaratory judgment action presents the issue of whether plaintiff Royal Surplus Lines Insurance Company (“Royal”) and intervening plaintiffs The Insurance Company of the State of Pennsylvania (“ISOP”) and New Hampshire Insurance Company (“NHIC”) are obligated to pay claims and defense costs associated with orthopedic bone screw litigation under policies of insurance they issued to defendant Sofamor Danek Group, Inc. (“SDG”). A principal issue in the case is whether the…