Claims stemming from the manufacture, sale, distribution and prescription of opioid products continue to proliferate, fueling opioid liability as an historic mass tort.  Claims asserted in lawsuits brought by state and local governments include allegations of negligence, fraudulent misrepresentation, violation of consumer protection statutes, public nuisance, unjust enrichment, antitrust violations, and claims for medical monitoring and injunctive relief, among others.  In December 2017, the U.S. Judicial Panel on Multidistrict Litigation ordered the consolidation of approximately 200 then pending opioid related cases into a multidistrict litigation before the U.S. District Court for the Northern District of Ohio, styled In Re: National Prescription Opiate Litigation (MDL No. 2804) (the “MDL”). It was recently reported that two pharmacy chains involved in the opioid MDL are suing 500 physicians alleging it is the doctors, not the pharmacists, who are to blame for faulty prescriptions.  At the end of last week, the judge handling the MDL allowed claims against opioid companies by union benefit plans to proceed, concluding that the plans’ claims of harm differed from the injuries to health and safety suffered by the public at large.

Continue Reading Insurance Coverage for Claims Stemming From the National Opioid Crisis

The California Department of Insurance recently approved three new insurance carriers to provide coverage for the emerging cannabis industry. Insurance Commissioner Dave Jones announced last week that The North River Insurance Company, United States Fire Insurance Company, and White Pine Insurance Company will all begin offering surety bonds for cannabis businesses by the end of the month.

Continue Reading California Insurance Regulators Approve Three New Cannabis Insurers

Last week, Golden Bear Insurance Company became the first admitted insurer approved by the California Department of Insurance to provide insurance coverage for marijuana companies. Golden Bear will now begin offering first- and third-party insurance coverage specifically targeting marijuana companies in the state.

Continue Reading Golden Bear Becomes First Admitted Carrier to Offer Marijuana Coverage in California

Dick’s Sporting Goods (“DSG”) sued a Chinese insurer, PICC Property and Casualty Company Limited Suzhou Branch (“PICC”), seeking coverage under a products liability insurance policy for personal injury claims arising out of a burst exercise ball. In Dick’s Sporting Goods, Inc. v. PICC Prop. & Cas. Co. Ltd. Suzhou Branch, No. 2:16-cv-01635-DSC-RCM (W.D. Pa. July 28, 2017), a federal magistrate judge in Pennsylvania found that an insurance policy’s forum-selection clause required DSG to assert its claims in a Chinese court and, accordingly, recommended that DSG’s coverage claims be dismissed.

Continue Reading The Ball Is In Their Court: U.S. Insured May Have To Litigate Insurance Coverage Dispute In China