Judge Revisits Grocer's Defense Dispute Over Opioid Injury

By Daphne Zhang (May 25, 2021, 6:55 PM EDT) -- A Pennsylvania federal judge said Tuesday his refusal to consider a part of Giant Eagle's primary insurance policy caused "a clear error of law," tossing his November ruling that the grocery chain's excess insurers must defend it in opioid injury suits.

U.S. District Judge Robert J. Colville said that after reconsidering a section of the grocer's primary policy with Old Republic Insurance Co., he found that the primary insurance was not exhausted, so the grocer's excess insurers were not obligated to provide a defense.

Last November, the judge granted partial summary judgment to Giant Eagle, concluding that its excess carriers XL Specialty...

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