Cincinnati Insurance Company

A federal court in Illinois ruled recently, in Cincinnati Insurance Company v. H.D. Smith Wholesale Drug Company, that Cincinnati Insurance Company was required to indemnify H.D. Smith for a $3.5 million settlement it reached with the State of West Virginia.  The settlement resolved an action in which West Virginia alleged that H.D. Smith contributed to the state’s opioid addiction epidemic through its negligent distribution of opioid prescription drugs.

Continue Reading Opioid Settlement Triggers Insurer’s Duty to Indemnify Where Covered Claims Are “Primary Focus” of the Action

On July 2, 2019, the Fifth Circuit held in Frederking v. Cincinnati Ins. Co.., that Cincinnati Insurance Company was on the hook for injuries resulting from a drinking and driving collision because the collision amounted to an “accident” under its insurance policy. 2019 U.S. App. LEXIS 19796, __ F.3d __, 2019 WL 2751700.


Continue Reading Fifth Circuit Rules Drunk Driving Collision an Accident Under Auto Insurance Policy

Earlier today, FC&S Legal published an article by Hunton & Williams insurance lawyers Mike Levine and Matt McLellan, discussing the Seventh Circuit’s recent decision in Cincinnati Ins. Co. v. H.D. Smith, LLC , in which the court held that a general liability insurer must defend a West Virginia pharmaceutical distributor in litigation brought by the