Angeion
Receives Favorable Ruling
in Insurance Coverage Case
SAINT PAUL, Minnesota (August 30, 2005) — Angeion Corporation
(NASDAQ SC: ANGN) announced today that in an Order dated August 25,
2005, Judge David S. Doty of the United States District Court for the
District of Minnesota granted Angeion’s motion for partial summary
judgment in the pending lawsuit Medmarc Casualty Insurance Company v.
Angeion Corporation, ELA Medical, Inc. and ELA Medical SA. The Judge’s
Order found that Medmarc had a duty to defend Angeion against ELA’s
cross-claim and Medmarc breached that duty. The Court also ruled that
Medmarc is obligated to pay Angeion’s reasonable defense fees
and costs that related to ELA Medical’s cross-claim. The Judge
also denied Medmarc's motion for Summary Judgment that Medmarc had no
duty to defend.
On September 13, 2004, Medmarc had commenced the lawsuit against the
Company and ELA Medical seeking a declaratory judgment that Medmarc
was not obligated to provide insurance coverage to Angeion in connection
with ELA Medical’s claim for indemnification of expenses incurred
in connection with a recall of implantable cardioverter defibrillator
(“ICD”) systems manufactured by Angeion prior to 2000. After
commencement of the lawsuit by Medmarc, ELA Medical filed a cross-claim
against Angeion for the costs and expenses it incurred in connection
with the recall in the equivalent amount of $1.7 million. The amount
claimed by ELA Medical had increased to over $2.0 million by June 2005.
On June 24, 2005, Angeion and Medmarc argued summary cross motions
whether or not Medmarc had a “duty to defend” Angeion in
the claim brought by ELA Medical.
As previously disclosed, on June 30, 2005, subsequent to the argument,
but prior to the Judge’s August 25, 2005 Order, Angeion entered
into settlement agreements with ELA Medical, Inc. and ELA Medical S.A.S.
(together “ELA”) that ended the legal dispute and lawsuit
by ELA against the Angeion and resolved all litigation and other issues
between Angeion and ELA related to recall of the ICDs and reimbursement
of expenses incurred by ELA. Under the terms of a settlement agreement
and release regarding LYRA ICDs, ELA agreed to settle its $2.0 million
cross-claim against Angeion in return for an Offer of Judgment on ELA’s
cross-claim in favor of ELA and against Angeion in the amount of $1.4
million. The judgment was subsequently entered by the Court and has
been satisfied by Angeion.
“We are pleased that the Judge’s Order concurs with our
original position that Medmarc was required to defend Angeion in this
matter,” stated Rodney A. Young, Angeion’s President &
Chief Executive Officer. “Because of Medmarc’s breach of
its duty to defend, we believe that Medmarc is responsible to reimburse
Angeion for payment of the settlement that Angeion recently entered
into with ELA. Angeion is currently reviewing its options in the case
for compelling Medmarc to indemnify Angeion for the ELA settlement,
subject to the self-insured retention,” concluded Young.
Founded in 1986, Angeion Corporation acquired Medical Graphics (www.medgraphics.com)
in December 1999. Medical Graphics develops, manufactures and markets
non-invasive cardiorespiratory diagnostic systems for the management
and improvement of cardiorespiratory health. The Company has also introduced
a line of health and fitness products, many of which are derived from
Medical Graphics’ cardiorespiratory product technologies. These
products, marketed under the New Leaf Health and Fitness brand (www.newleaffitness.com),
help consumers effectively manage their weight and improve their fitness.
They are marketed to the consumer primarily through personal training
studios, health and fitness clubs and other exercise facilities. For
more information about Angeion, visit www.angeion.com.
# # #
The discussion above contains forward-looking statements
within the meaning of the Private Securities Litigation Reform Act of
1995. These statements by their nature involve substantial risks and
uncertainties. Actual results may differ materially depending on a variety
of factors, including (i) the Company’s ability to successfully
operate its Medical Graphics business including its ability to develop,
improve and update its cardiorespiratory diagnostic products, (ii) the
Company’s ability to successfully introduce its New Leaf Health
& Fitness products, (iii) the Company’s ability to successfully
defend itself from product liability claims related to its Medical Graphics
and New Leaf products and claims associated with its prior cardiac stimulation
products, (iv) the Company's ability to successfully resolve all issues
in connection with ELA Medical's claim for reimbursement and the Company’s
product liability insurance coverage; (v) the Company’s ability
to protect its intellectual property, and (vi) the Company’s dependence
on third-party vendors. Additional information with respect to the risks
and uncertainties faced by the Company may be found in, and the prior
discussion is qualified in its entirety by, the other risk factors that
are described from time to time in Angeion's Securities and Exchange
Commission reports, including but not limited to the Annual Report on
Form 10-KSB for the year ended October 31, 2004, and subsequently filed
reports.
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