Opioid Coverage Showdowns Set For Ohio, Del. High Courts

Law 360

Daniel Healy was quoted September 1 in a Law 360 article entitled, “Opioid Coverage Showdowns Set For Ohio, Del. High Courts.”

Anderson Kill's Daniel Healy, who represents policyholders, said the H.D. Smith decision was important because the appeals court "likened the state's damages to those of a parent caring for an injured child," adding that "it shows that Acuity's argument should lead to the conclusion that there is coverage."

"Delaware can be an important jurisdiction because of the number of corporations organized there," Healy explained, while Ohio is important because it's the location of the federal opioid MDL.

"While no one jurisdiction controls all of the policyholders or policies that may be triggered by the opioid cases, Delaware and Ohio could be jurisdictions where a number of policy disputes over opioid litigation are decided," he said.

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