Miller Friel: Opioid Suppliers Are Right to Expect Insurance Coverage

June 1st, 2018|Categories: HB Risk Notes, HB Tort Notes|Tags: , , |

An excerpt from a post by Bernard Bell of Miller Friel PLLC "Because insurers are facing a difficult time evading coverage for opioid claims, they are raising all sorts of non-contractual defenses to avoid coverage, including a 'social insurance' argument they have raised in the past. "If past public health crises are prologue, these arguments will run something like this: Holding insurers responsible to pay for the costs of public services, including health care, will transform private party liability insurance into social insurance to underwrite public health epidemics caused by all manner of ills.  According to insurers, this will, at a minimum, increase the cost of liability insurance, and financially harm liability insurers, who have not priced this risk into their premiums.  Moreover, holding insurers liable to pay will shift costs away from those best equipped to address the social problem; the companies that supply the opioid [...]