Insurance Language Lesson From An Opioid Ruling

Law360 (June 16, 2021, 5:43 PM EDT) -- Last month, the U.S. District Court for the Western District of Kentucky issued an important decision in Motorists Mutual Insurance Company v. Quest Pharmaceuticals Inc., holding that lawsuits by state governments for damages caused by the opioid epidemic were not because of bodily injury and, therefore, there was no coverage under the drugmaker's commercial general liability policies.[1]

In so holding, the Kentucky district court distinguished the U.S. Court of Appeals for the Seventh Circuit's 2016 ruling in Cincinnati Insurance Co. v. H.D. Smith LLC, which reached the opposite outcome.[2]

In light of these competing rulings, policyholders should continue to pay close attention...

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