Aug 18 (Reuters) - CVS Health ( CVS ) is not entitled to
coverage from insurers, including AIG and Chubb,
against thousands of lawsuits over its role in the nation's
opioid crisis, Delaware's highest court ruled on Monday.
The Delaware Supreme Court concluded that governments,
hospitals, doctors and benefit plans that sued CVS sought
damages for economic losses, not individualized "bodily injury"
or "property damage" covered by CVS' general liability policies.
It also rejected the argument that CVS' $5 billion
nationwide settlement of opioid claims in November 2022 showed
that the pharmacy chain and benefits manager had been sued for
bodily injury.
"The national settlement agreement funds expenses in
response to the opioid crisis at-large, but it does not change
the fact that the underlying lawsuits do not seek specific
damages tied to individualized injuries," Chief Justice Collins
Seitz wrote for a unanimous court.
Neither CVS nor its lawyers immediately responded to
requests for comment. AIG, Chubb and their lawyers did not
immediately respond to similar requests.
Many insurers have been sued by pharmacy chains, drugmakers
and others seeking coverage for opioid-related bills.
Chains had long argued they were merely filling doctors'
prescriptions, but critics said the large quantities being
dispensed and the potential for diversion were red flags.
Walgreens and Walmart ( WMT ) agreed to pay more
than $8 billion in similar settlements.
CVS, based in Woonsocket, Rhode Island, had been appealing
two Delaware Superior Court decisions denying insurance coverage
in more than 2,300 lawsuits, according to Monday's decision.
Governments complained about increased spending to treat
opioid addiction, hospitals reported strains on their health
systems, and third-party payors such as employee benefit funds
cited costs of prescription purchases and addiction treatment.
The Delaware Supreme Court ruled in Chubb's favor in a
similar case involving Rite Aid in 2022. CVS claimed that its
own policies offered broader coverage, but the court found the
policies "similar in all material respects" to Rite Aid's.
The case is In re CVS Opioid Insurance Litigation, Delaware
Supreme Court, No. 482.