Eisai Says Zurich Policy Covers Off-Label FCA Suit

Law360, New York (November 21, 2012, 5:35 PM EST) -- Eisai Inc. sued Zurich American Insurance Co. in New Jersey federal court Tuesday to snag more than $5 million in coverage for a former employee's False Claims Act suit claiming the company pushed off-label uses for its drug.

Zurich refused to cover Eisai under a $5 million employment practices liability insurance policy for any defense costs, judgments, settlements or other expenses in the FCA suit, which accuses the pharmaceutical company of improperly firing its former sales employee after he complained about its alleged off-label marketing....
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