Courts Are Not Confused About Opioid Insurance Suits
By Bernard Bell, Tab Turano and Tae Andrews (November 18, 2020, 5:39 PM EST) -- A recent Law360 guest article by Adam Fleischer argued that confusion has seeped into a string of recent decisions holding that commercial general liability, or CGL, policies cover the defense of opioid-related lawsuits.
There are now five decisions, including two appellate decisions, holding that the allegations in the opioid complaints — including the public nuisance claims — are "because of" bodily injury, and therefore potentially covered under standard consumer general liability policy language, triggering the duty to defend.
Conversely, no decision that remains good law holds that insurers need not defend opioid complaints. There is no confusion. The courts have not blurred the...
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