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BREAKING: Ohio Justices Nix Insurer’s Duty To Defend In Opioid Suits

by scceu0282

By Shane Dilworth (September 7, 2022, 10:39 AM EDT) — The Ohio Supreme Court on Wednesday overturned an appellate ruling that Acuity Inc. has a duty to defend a now-out-of-business drug wholesaler in public nuisance suits brought by governments over the opioid epidemic, finding the underlying actions were not brought “because of” bodily injury.

A 4-2 majority, led by Chief Maureen Justice O’Connor, said that the policies issued to Masters Pharmaceuticals Inc. do not require the insurer to provide a defense, explaining that the increased costs of responding to the opioid epidemic are not specifically tethered to named individuals. Instead, the panel concluded that the suits brought by cities and counties…

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