By R. Patrick Bedell and Kevin Harris (November 8, 2017, 4:22 PM EST) -- The opioid epidemic is the worst drug crisis in American history. An estimated 64,000 Americans died from opiate overdoses last year — 175 deaths every day. The current crisis is driven by abuse of opiates including prescription opioids like oxycodone and Fentanyl, and illegal drugs such as heroin. As state and local governments incur significant expenses in connection with the epidemic in their communities, including payments for increased law enforcement and addiction treatment, they increasingly seek to recover those costs in lawsuits against prescription opioid manufacturers and distributors. The lawsuits against opioid manufacturers typically allege that they fraudulently marketed opioids to persuade doctors and patients that opioids are safe for treatment of long-term pain, while failing to disclose risks such as addiction. The lawsuits against wholesale distributors allege that they negligently or intentionally failed to monitor and report orders that were suspiciously large or subject to diversion. As the pharmaceutical industry faces increasing exposure to new opioid lawsuits, two recent developments will make it more difficult for pharmaceutical manufacturers and distributors to recover liability insurance for their prescription opioid-related liabilities....