Michael A. Hamilton, partner in Goldberg Segalla’s Global Insurance Services group, spoke with Law360 regarding the application of an opioid insurance-coverage ruling to a paint manufacturing company’s portion of a lead paint abatement fund.

Under the ruling, a drug wholesaler was not entitled to coverage since opioid-epidemic suits “were not brought ‘because of’ covered bodily injuries.”

Mike said a prior opioid ruling is applicable to the lead paint case given the similarities between the insurance policies for both companies, and that the Ohio Supreme Court might not need to address the intent of the paint manufacturer if it finds, once again, that the damages are not “because of” bodily injuries.

“I don’t think that any distinction exists for the Supreme Court to deviate from [the opioid ruling].”

READ THE FULL ARTICLE:

“Opioid Ruling Could Loom Large in Lead Paint Coverage Fight,” Law360, October 20, 2023 [Subscription Required]

MORE ABOUT GOLDBERG SEGALLA’S MICHAEL A. HAMILTON:

Michael A. Hamilton handles sophisticated and high-exposure insurance coverage claims and commercial litigation. As a leader of the firm’s Global Insurance Services Pennsylvania and Ohio teams, Mike focuses his practice on environmental, professional liability, construction defect, transportation, and business torts/advertising injury claims. He has been lead-defense counsel in class action litigation, representing insurance companies, self-insurers, and transportation entities. He also has extensive appellate experience, arguing numerous appeals in state and federal courts across the country.