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STRYKER CORP. v. XL INS. AMERICA

Nos. 09-2332, 10-2383.

681 F.3d 806 (2012)

STRYKER CORPORATION and Howmedica Osteonics Corporation, Plaintiffs-Appellees/Cross-Appellants, Stryker Sales Corporation, Plaintiff, v. XL INSURANCE AMERICA, fka Winterthur International America Insurance Company, Defendant-Appellant/Cross-Appellee, National Union Fire Insurance Co. of Pittsburgh, Pennsylvania, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 5, 2012.

Attorney(s) appearing for the Case

ARGUED: Jonathan D. Hacker , O'Melveny & Myers LLP, Washington, D.C., for Appellant. David J. Gass , Miller Johnson, Grand Rapids, Michigan, for Appellees. ON BRIEF: Jonathan D. Hacker , O'Melveny & Myers LLP, Washington, D.C., Paul R. Koepff, Clyde & Co., New York, New York, Michael W. Betz , David J. Bloss , Bloss Betz, Grand Rapids, Michigan, for Appellant. David J. Gass , D. Andrew Portinga , J. Michael Smith , Miller Johnson, Grand Rapids, Michigan, for Appellees. Michael F. Smith , The Smith Appellate Law Firm, Washington, D.C., for Amicus Curiae.

Before: GUY, COLE, and ROGERS, Circuit Judges.

OPINION

COLE, Circuit Judge.

Stryker Corporation ("Stryker"), a manufacturer of medical devices, brought an insurance coverage action against its umbrella insurer XL Insurance America, Inc. ("XL"), seeking coverage for claims stemming from the implantation of expired artificial knees. The district court held that XL was liable under the policy for the entirety of Stryker's losses on both direct claims brought against Stryker, as well as claims brought against...

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