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COOPER LABORATORIES, INC. v. INTERNATIONAL SURPLUS LINES

No. 85-5843.

802 F.2d 667 (1986)

COOPER LABORATORIES, INC., Appellant, v. INTERNATIONAL SURPLUS LINES INSURANCE COMPANY, Appellee.

United States Court of Appeals, Third Circuit.

Decided October 6, 1986.

Attorney(s) appearing for the Case

Henry H. Janssen (argued), Rapp, White, Janssen & German, Ltd., Philadelphia, Pa., for appellant.

Francis X. Crahay (argued), Rex K. Harriot, Tompkins, McGuire & Wachenfeld, Newark, N.J., for appellee.

Before WEIS and HIGGINBOTHAM, Circuit Judges, and RE, Chief Judge.

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...

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