Insights
Events

Opioid Insurance Coverage Issues

April 21, 2022 at 12:00pm
Shanti Eagle
International Institute for Conflict Prevention & Resolution

Shanti Eagle is a speaker at the International Institute for Conflict Prevention & Resolution's Insurance Committee Meeting program “Opioid Insurance Coverage Issues."

Opioid Insurance Coverage Issues:

2020 was the deadliest year to date for opioid overdoses in North America, totaling more than 76,000. Simultaneously, opioid litigation is in full swing, and insurers are making difficult decisions about settlement, trials, and coverage. In 2021, prescription opioid manufactures prevailed in one of the first California trials. The Court found “there is simply no evidence to show that the rise in prescriptions was not the result of the medically appropriate provision of pain medications to patients in need.” In 2022, the opioid coverage litigation is expected to rachet up following the West Virginia Supreme Court of Appeals decision overturning of an injunction preventing insurers from pursing coverage litigation in California.

Against this backdrop, the insurance coverage asked to fund most settlements are now in focus. It is crucial to get ahead of the most pressing coverage issues driving the anticipated surge of coverage litigation. This panel will discuss the recent decisions and pending cases that are expected to provide further guidance on the most burning opioid coverage questions.

  • Are municipal costs to combat the opioid epidemic “for” or “because of” bodily injury, which is the typical language either to trigger CGL coverage or to exclude coverage under non-CGL policies?
  • Are the damages the result of intentional conduct; do they constitute an “occurrence”?
  • Are newer insurance policies absolved under loss-in-progress provisions?
  • Do opioid losses fall within product exclusions?
  • How Self-Insured Retentions could affect the interplay of policies?

Firm Highlights

Publication

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting, capturing, purchasing...

Read More
News

Chambers USA 2022 Recognizes Farella Braun + Martel Lawyers, Practices

Farella Braun + Martel is pleased to announce that Chambers USA has recognized 14 lawyers and 6 practice areas in the legal directory’s 2022 edition. Individual California and Western U.S. Rankings: Sarah Bell &ndash...

Read More
Publication

Continuing Use of CGL Policies to Cover Data Breach Losses

Our lives and the products and devices we use become more dependent on data by the day. As a result, cyberattacks and data breaches present everchanging risks to companies and individuals, and the importance...

Read More
News

Legal Experts Say Opioid Coverage Disputes Far From Over

Shanti Eagle was quoted in Law360 's article "Legal Experts Say Opioid Coverage Disputes Far From Over."  Read the article here (subscription required).

Read More
Publication

Are Communications With Your Insurance Broker Privileged Under New York Law?

Discussions with an insured’s insurance broker are often an important part of the negotiation process for insurance claims. Brokers can provide valuable insights on the drafting and underwriting of the insurance policy as well...

Read More
Publication

What You Need To Know About Representation and Warranty Insurance

The allocation of post-transaction risk is a key area where bids for assets can differentiate themselves. And representation of warranty insurance is a great arrow to have in your quiver, whether you're a seasoned...

Read More
Publication

Changes in the VCAP Liability Coverage Market

Over the past few years, there's been a dramatic rise in premiums in the venture capital liability insurance market and a steady increase in claims being submitted under those policies. We're also seeing a...

Read More
News

2022 Cannabis Insurance Market Update

Tyler Gerking was quoted in  PropertyCasualty360 's article "2022 Cannabis Insurance Market Update."  Read the full article here (subscription required). Watch the webinar "Cyber Insurance for the Cannabis Industry" here .

Read More
Event

Fire Season Preparedness: What Wineries Should Do

Tyler Gerking is the moderator and Jennifer Bentley is a speaker at the Paso Robles Wine Country Alliance program "Fire Season Preparedness: What Wineries Should Do.”  Guest speakers include Piper Cole and Joe Nordlinger...

Read More
News

Farella Braun + Martel Announces Five New Partners

Read More