Fights over insurance coverage for opioid lawsuits are prompting some courts to narrow what constitutes a covered accident under commercial policies—an issue at the heart of liability disputes involving firearm, energy, and other kinds of companies.
Most recently, a California federal court, relying on earlier opioid coverage rulings, held that an insurer isn’t on the hook for litigation against a firearm accessory manufacturer alleging its marketing tactics influenced a shooter who open fired on a school in Washington, D.C.
Under most general liability policies, an “occurrence,” usually defined as an accident, is required for coverage to kick in. In the ...
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