Insurers Have No Duty To Defend Opioid Suits, Delaware Majority Says In Reversal

Mealey's (January 11, 2022, 1:53 PM EST) -- WILMINGTON, Del. — A majority of the Delaware Supreme Court on Jan. 10 reversed a lower court’s ruling that there is coverage under a 2015 insurance policy for underlying lawsuits seeking damages for the costs arising out of Rite Aid Corp.’s distribution and its pharmacies’ dispensing of opioids, finding that governmental entities sought to recover only their own economic damages in the underlying lawsuit and, therefore, the insurers have no duty to defend....