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ACCC Pop Up/Dialogue
Wednesday, February 09, 2022, 2:00 PM - 3:00 PM CDT
Category: Presented by ACCC

While the torrent of  COVID 19 coverage litigation since 2020 has largely crowded out the bandwidth for other important coverage issues during the past two years, these cases are proceeding under the radar.   In particular, there are about to be significant appellate rulings that will have a dramatic outcome on the numerous cases pending around the country on the issue of whether suits against pharmaceutical manufacturers and distributors for causing or contributing to the opioid epidemic are covered by CGL policies.   In contrast to the 7th Circuit’s H.D. Smith pro-insurer analysis, which has had an outsized impact on these claims since it was decided in 2017, the Delaware Supreme Court has just ruled in Ace American Ins. v. Rite Aid that these are not suits in which the plaintiffs are seeking “damages” on account of bodily injury.  Meanwhile, we expect to receive a ruling shortly from the Ohio Supreme Court which heard argument on similar issues last September in Acuity Insurance v. Masters Pharmaceutical.

Given the importance of these rulings, we have scheduled two separate pop up call over the next few weeks to discuss the significance of these cases and their likely trajectory.   On February 9, two of Chicago’s finest--Adam Fleischer of Bates Carey will join Paula Litt of Honigman—will join forces to discuss the issues that were presented in Rite Aid and what it portends for future cases. 

In March, we will present a separate discussion by Karen Ludden and Vince Morgan that will focus on the Masters Pharmaceutical appeal in Ohio and other recent developments.   More to come!

To register for the program, click on this link.

Attendance is restricted to ACCC Fellows.
Recording is not permitted.

Contact: [email protected]