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Court holds Acuity Insurance not responsible to defend or indemnify opiate supplier

February 13, 2019


Karen Ludden, Chair of Dean & Fulkerson’s Insurance Coverage and Defense Practice Group was successful in acquiring summary judgment in favor of Acuity Insurance, finding no duty to defend or indemnify its insured, an opiate supplier in the National Prescription Opiate (NPO) Multi-District Litigation (MDL), in that litigation. Over $100 million in insurance coverage was at stake for this particular insured amongst its various insurance carriers. 

The court found that Acuity’s Commercial General Liability policy did not provide coverage because there were no damages “because of bodily injury” that the insured was legally obligated to pay for this loss.  The court also ruled that the municipalities bringing the lawsuits in the NPO-MDL did not have standing to bring such suit, and also that the damages in question pre-dated the Acuity policy and were thus a loss in progress. 

Click here for full decision.