June 16, 2021

In this Insurance Law Update, Jenner & Block Partner Caroline L. Meneau and Associate Vivian L. Bickford highlight a Kentucky case regarding state governments seeking insurance coverage for damages caused by the opioid epidemic. In the case, Motorists Mut. Ins. Co. v. Quest Pharms., Inc., the district court held that the damages were not “because of bodily injury” and, therefore, were not covered under the drugmaker’s general commercial liability policies. The authors explain that the Motorists ruling differed from a Seventh Circuit ruling, which reached an opposite outcome. “In light of these competing rules, policyholders should continue to pay close attention to the language in their general commercial liability (GCL) policies,” the authors observe. The Update was published by Law360.