July 03, 2024
The first six months of 2024 brought big wins for carriers involved in an opioid-related coverage dispute at the federal level, while state justices offered clarity for policyholders in claims-made commercial general liability policy interpretation and for a claimant's ability to pursue action against insurers. Here, Law360 breaks down the top commercial general liability rulings from the first half of the year.
February 02, 2024
The Ninth Circuit's finding that McKesson's insurers need not defend the pharmaceutical company against suits from municipalities claiming its deliberate conduct increased their opioid epidemic response costs is a sting to policyholders — but a slight one, experts say, because the panel relied on a California state appeals court decision in the unpublished ruling.
January 26, 2024
An AIG unit and a Chubb unit have no duty to defend McKesson Corp. over claims it intentionally oversupplied opioids and inflamed the ongoing opioid epidemic, the Ninth Circuit ruled Friday, finding that the three underlying bellwether suits at issue "describe purely deliberate conduct."
January 10, 2024
A Ninth Circuit panel appeared dubious during oral arguments Wednesday that units of AIG and Chubb must defend McKesson Corp. against government opioid suits because the drug wholesaler is largely accused of intentionally flooding the market with the pain medications.
January 08, 2024
The question of what constitutes an occurrence, an accident that triggers an insurer's defense obligations, will take center stage before the Ninth Circuit and legal experts say the panel must clarify whether California law requires units of AIG and Chubb to defend McKesson against government opioid suits.
June 30, 2023
The crop of pivotal commercial general liability rulings looks bountiful for the second half of 2023, with both state and federal appellate courts likely to hand out important opinions on coverage for opioid suits, Superstorm Sandy damage and a take-home asbestos injury settlement. Here, Law360 Insurance Authority takes a look at the cases sure to raise eyebrows in the year's second half.
April 13, 2023
A group of insurance industry trade associations warned the Ninth Circuit that reversing a California district court's ruling that various insurers have no duty to defend drug distributor McKesson Corp. in ongoing opioid litigation would threaten the availability and affordability of insurance nationwide.
April 06, 2023
Units of AIG and Chubb told the Ninth Circuit that a California federal judge correctly handed them a partial win in an opioid coverage fight with McKesson Corp., arguing the distributor acted deliberately when flooding the market with the prescription pain medications, resulting in foreseeable injuries.
December 15, 2022
Policyholder advocacy group United Policyholders urged the Ninth Circuit to overturn a California federal court decision siding with AIG and Chubb units in their opioid coverage battle with pharmaceutical distributor McKesson Corp., warning the decision would simultaneously eliminate coverage for businesses and tort victims while insurers reap "windfall" profits.
December 08, 2022
McKesson Corp. urged the Ninth Circuit on Wednesday to reverse a California federal judge's ruling absolving three insurers of defending it in litigation over the opioid epidemic, arguing that there is a duty to defend because it didn't intend to cause the injuries alleged in the underlying suits when it distributed the prescription painkillers.