Courts Shouldn't Consider Bodily Injury Claims In Opioid Suits

By Adam Fleischer (October 28, 2020, 5:46 PM EDT) -- Insurance coverage confusion is seeping into America's multibillion-dollar opioid lawsuits as they creep toward resolution. The duty to defend applies to suits seeking damages for bodily injury to which this insurance applies. The narrowed public nuisance claims driving the opioid lawsuits do not seek compensation for bodily injuries of any individuals.

Instead, they seek funding for decades of future governmental social services necessitated by the alleged intentional business schemes of the defendants. This distinction is monumentally consequential for insurance purposes.

While compensation to individuals for injuries caused by accident could be claims "to which the defendants' insurance applies," the funding for...

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