Insurer Must Defend Ohio Counties Against Opioid Public Nuisance Claims, Appellate Court Affirms

CLEVELAND, Ohio — An Ohio appeals court has affirmed that Cincinnati Insurance Co. must defend a drugstore chain against opioid-related public nuisance claims filed by two counties, finding the allegations fall within the policies’ meanings of the terms “damages,” “bodily injury,” and “occurrence.”

In a Dec. 30 opinion, the Ohio Court of Appeal, 8th District found the term “damages” in the policy is ambiguous and must be construed in the insured’s favor; that the counties, at least in part, seek damages for bodily injury sustained by their citizens, and that the damages were caused by an “occurrence” because the …