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Jonathan L. Schwartz Quoted in "Actavis Ruling Bolsters Insurers in Opioid Coverage Battles," Law360 November 8, 2017

Goldberg Segalla partner Jonathan L. Schwartz, a member of the firm's Global Insurance Services Practice Group, commented for Law360 on a recent California appellate ruling that favors insurers in disputes over coverage for allegations against pharmaceutical companies for intentionally deceptive marketing and other practices that may have contributed to the nation’s ongoing opioid crisis. This opinion upheld a trial judge’s decision for The Travelers Property Casualty Co. of America, finding that claims against the insured, Actavis Inc., and other pharmaceutical companies, don't trigger coverage under general liability policies, as the claims rest on allegations intentional wrongdoing rather than accidental events.

“A court must look to the allegations of the complaint, and shouldn’t read what isn’t there,” Jonathan told Law360. “The court’s decision in this case, in finding that this complaint didn’t sound in any type of negligent conduct, comports with the maxim that the accidental nature of the loss is viewed from the perspective of the tortfeasor.”

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