In the Emerging Area of Insurance Coverage for Opioid Litigation, Ohio Court Finds No Coverage for Opioid Distributor Due to Past Claim

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…

Read more detail on Recent Insurance Law posts –

This entry was posted in Insurance and tagged , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply