The Delaware Supreme Court’s recent decision in the CVS opioid litigation underscores the growing challenges policyholders face in securing coverage for public nuisance claims, according to Bloomberg Law. Haynes Boone Partner Cristen Rose weighed in on the implications for companies navigating similar disputes.
Read an excerpt below.
But this week’s ruling leaves policyholders with few options to argue for coverage under commercial general liability policies unless they can find a way to prove their cases are distinct from the CVS suit.
“Coverage for settlements and judgments may be compromised if the coverage court is not presented with a full picture of the underlying litigation as it has developed,” said Cristen Rose, a policyholder-side partner at Haynes Boone. “This decision emphasizes the importance of using a more developed record from the underlying litigation to inform the coverage action.”
Read the full article from Bloomberg Law here.
