An Ohio federal court recently added to the limited, but growing, body of case law on insurance coverage for opioid litigation. In Miami-Luken, Inc. v. Navigators Insurance Co., No 1:16-cv-00876 (S.D. Ohio July 11, 2018), the court found that a specific litigation exclusion precluded coverage for a DEA action against an opioid distributor. Like many of the opioid coverage decisions thus far, this case stems from a 2012 lawsuit filed by the Attorney General of West Virginia against various opioid distributors, including Miami-Luken, captioned West Virginia v. Amerisourcebergen Drug Corp., No. 12-C-141 (Boone Cnty Cir. Ct., W. Va.) (West Virginia Lawsuit). The West Virginia Lawsuit alleged the distributors contributed to the state’s “pill-mill” crisis by oversupplying pharmacies with suspiciously large amounts of opioids, including oxycodone. In October of 2015, Miami-Luken sought directors and officers coverage from Navigators Insurance Company. Miami-Luken…
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