Over $1 Billion in Opioid Liabilities Not Covered as “Unbranded Marketing” Claims Fall Within PCOH
March 2025 | Category: Recent SuccessesOn March 10, 2025 the Circuit Court for the County of St. Louis, Missouri found that BatesCarey’s clients, Aspen Insurance UK Ltd. and Old Colony State Insurance Company, owe no coverage for over $1 billion in opioid liabilities faced by one of the nation’s largest opioid manufacturers, Mallinckrodt, given that Mallinckrodt’s “unbranded marketing” that promoted the use of opioids without naming any specific product, is still conduct that falls within the policies’ product completed operations hazard provisions, which preclude coverage for such claims.
$12 Million Claim for Medical Supplies Packaged with Contaminated Surgical Gowns Does Not Constitute Covered “Property Damage”
February 2025 | Category: Recent SuccessesAdam H. Fleischer and Josh A. Boggioni secured a victory in GD Group v. Medmarc Casualty Ins. Co., where the court ruled that a $12 million claim for mold-contaminated surgical gowns packaged with third-party supplies did not constitute “property damage” or "impaired property" under Illinois law.