Amanda C. Stefanatos’ recent article titled, “The ‘Expected or Intended’ Erosion of the Duty to Defend in Opioid Litigation”, was featured in Westlaw Today.
Amanda provides detailed analysis of the growing number of courts across the country that have sided with insurers by declining to extend the duty to defend to drug manufacturers for their role in the opioid crisis, including the most recent Ninth Circuit case of AIU Insurance Co. et al. v. McKesson Corp. The article discusses how these cases are eroding the fundamental broad duty to defend, where courts seem to be making both moral and legal determinations contrary to basic insurance law principles.
The article can be read at Westlaw Today here and can be read with a Westlaw subscription at this link.
For more information or to discuss this topic, contact Amanda Stefanatos at AStefanatos@sdvlaw.com.