Insurers Notch Important Win in Opioid Insurance Coverage Case
In The News | 1 min read
Nov 9, 2017
Scott Seaman and Larry Golub analyzed in Law360 a recent California appellate court ruling that determined that an insurance carrier did not have to defend a pharmaceutical company accused of deceptive marketing of its opioid painkillers, because "claims involving allegations of intentional or negligent misrepresentations do not constitute an accident under a liability policy."
Golub noted that the ruling was squarely in line with California precedent establishing that claims of fraudulent acts don't equate to a covered accidental occurrence: "California has developed a good line of cases — especially here, where the facts were stipulated and the allegations were boiled down to this fraudulent marketing scheme — saying fraud claims don't constitute a covered occurrence."
Seaman said the ruling was significant with respect to opioid claims against pharmaceutical products "because many policies issued to such companies contain general products exclusions or exclusions for pharmaceutical products."
Read the Law360 article (subscription required)
Related People
Featured Insights

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)


