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“Emerging Insurance Coverage Issues Involving Opioid Litigation,” Westlaw Journal Insurance Coverage

April 13, 2018
Michael A. Hamilton

“The opioid crisis has sparked hundreds of lawsuits throughout the nation. More than 100 cities and states have filed suits against pharmaceutical companies, suppliers, distributors and health care providers for allegedly contributing to the growing epidemic,” Goldberg Segalla partner Michael A. Hamilton and associate Bradley R. Ryba write in Westlaw Journal Insurance Coverage. “Despite being found guilty in the court of public opinion, the targets of these lawsuits have mounted vigorous defenses, giving rise to various complex insurance coverage issues.”

In their article, Mike and Bradley provide an overview and analysis of some of the emerging coverage issues courts have addressed so far, including:

  • Whether opioid-related lawsuits should be covered under a policy’s insuring agreement as an “occurrence” resulting in a “bodily injury”
  • Whether coverage for these actions should be barred under policies that contain products, intentional conduct, or prior knowledge exclusions
  • If an insurer has a duty to defend, what type of awards will be covered under a policy

Mike and Bradley also discuss implications of the opioid epidemic for directors and officers (D&O) policies and disputes, damages awards, and more.

Read the article: