Insurers Have No Duty to Defend Rite Aid Against Opioid Claims, Del. Supreme Court Rules
January 11, 2022
WILMINGTON, Del. — The Delaware Supreme Court has ruled that a Chubb group of insurers are not liable to defend Rite Aid Corp. against opioid claims asserted by two Ohio counties because the counties themselves did not sustain personal injury and only seek compensation for non-derivative economic harms.
In a Jan. 10 opinion, the court majority found the counties do not assert personal injury damage claims for or on behalf of individuals who suffered or died from Rite Aid’s prescription dispensing practices. Rather, the counties expressly disclaim personal injury damages, the majority noted.
Rite Aid Corp., a national drugstore …
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