Insurers Say Grocer Isn't Owed Defense Costs In Opioid Case

Law360 (January 13, 2020, 5:40 PM EST) -- Two insurance companies have argued that they don't have to defend Giant Eagle in a series of opioid lawsuits because the grocery chain's underlying insurance covers damages, not defense costs, and the company has not shown it has met its deductibles and used up its underlying coverage.

American Guarantee and Liability Insurance Co. and XL Specialty Insurance Co. filed a joint brief on Friday opposing the Pittsburgh-based grocer's request that a Pennsylvania federal court grant it summary judgment.

The insurers argued that Giant Eagle had not triggered the umbrella liability policies they sold, because its defense costs in the Ohio-based multidistrict...

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