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Expert Analysis

Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

By Monica Sullivan and Jodi Green (August 7, 2018, 4:22 PM EDT) -- At the heart of every form of liability insurance is the concept of fortuity. Unlike life insurance, which accepts the certainty of loss from the policyholder's ultimate demise, liability insurance protects only against unforeseen risks. This leaves no room for a fait accompli, and as such liability insurance will not cover a loss that was known to the insured or certain to occur before the policy period commenced. While the notion itself seems simple, it is deceptively so. In practice, it is one of the most complex coverage concepts to apply because of its fact-intensive nature....

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