June 18th, 2010
In this declaratory judgment action, Mylan Laboratories, Inc. and others appeal the circuit court's order granting summary judgment in favor of four insurance companies. The circuit court determined that policies issued by the insurance companies did not impose a duty to defend the Mylan companies in two sets of cases - the "Average Wholesale Price" actions and the "Lorazepam and Clorazepate" actions - and since there was no duty to defend, there could be no duty to indemnify.
