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.

Because fortuity is a fundamental...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!