A Decade Later, Surgin Prevails Against Insurer

A Decade Later, Surgin Prevails Against Insurer

Allergan Says Make it Alphagan P; Beckman Lands $400 Million Credit Line

HEALTHCARE by Vita Reed

Surgin Inc., a Tustin maker of disposable medical devices, has prevailed against its insurance carrier in a dispute stemming from Surgin’s battle with eye products maker Alcon Inc. in the early 1990s.






California Court of Appeals Associate Judge William Rylaarsdam and two colleagues recently affirmed a judgment in Surgin’s favor against Truck Insurance Exchange, a unit of Farmers Group Inc., the Los Angeles-based insurer.






The case, which dates back to 1991, centered around charges that Truck failed to defend Surgin at a time when the privately held device maker was embroiled in a lawsuit with Alcon, a unit of Nestle SA that employs nearly 600 people in Irvine.






“Our client described (Alcon) as the 800-pound gorilla,” said Paul Gale, a partner at Stradling, Yocca, Carlson