R.Patrick Bedell and Kevin F. Harris of BatesCarey’s Opioid Coverage Task Force published an article on Law360.com discussing the significance of the California Court of Appeals’ ruling that insurers of Actavis, Inc., a manufacturer of prescription opioids, had no duty to defend lawsuits alleging that Actavis fraudulently misrepresented the dangers of prescription opioids and contributed to abuse, addiction, and overdose deaths nationwide.  The article goes on to discuss the recent trend of government plaintiffs specifically alleging that they seek “economic damages” for public funds spent addressing the opioid epidemic, and do not seek “compensatory damages for death, physical injury to person, or emotional distress.” 

As state, county, and local governments continue to file suit against manufacturers and distributors, these recent developments illustrate the uphill battle pharmaceutical companies may face in seeking insurance coverage for their role in the opioid epidemic.  To read Patrick and Kevin’s article, click here.