Opioid Liability Claims: Coverage and Litigation Considerations for Manufacturers, Distributors, Third-Party Payors

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, May 24, 2018

Recorded event now available

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Program Materials

This CLE webinar will explore insurance coverage issues related to the expanding breadth of opioid liability claims. Our panel will discuss coverage considerations, the increasing reach of these claims for those involved in the manufacture, distribution, prescription or payment for opioids, and the developing body of related case law.


Across the country, states and local governments are filing lawsuits against the largest manufacturers and distributors of opioids. As these cases move forward, the breadth of claims expands to include smaller distributors, medical facilities, third-party payors and even individual physicians and pharmacists as defendants. Increasingly, allegations are being fashioned on behalf of non-governmental plaintiffs seeking recovery for wrongful death and other theories of personal injury.

Counsel for insurers and policyholders must determine the existence and scope of insurance coverage for these claims. Whether coverage exists for the investigation and defense of inquiries brought by a regulatory body, the tender of defense during litigation, or satisfaction of payments due for a claimant’s recovery, practitioners must be prepared to deftly assess issues and make mission-critical recommendations.

Listen as our authoritative panel discusses the many factors counsel should consider when assessing coverage for opioid-related claims and provides practical considerations regarding the types of policies typically in play for resolving these disputes.



  1. Opioid liability claims
    1. Investigation
    2. Litigation
    3. Parties
  2. Coverage issues
    1. Policy types
    2. Defenses
  3. Practical steps for insurers
  4. Practical steps for policyholders


The panel will review these and other critical issues:

  • How should insurers and policyholders address explicit cooperation obligations in the claims process?
  • How might an insurance-specific confidentiality agreement help impact issues of privilege that may arise in defending insureds for opioid-related claims?
  • What impact will opioid-related claims have on policy terms for affected policyholders moving forward?


Engh, Anna
Anna P. Engh

Covington & Burling

Ms. Engh has a wide range of experience in the insurance coverage area.  She has handled coverage litigation and...  |  Read More

Fleischer, Adam
Adam H. Fleischer


As Chair of the nation’s first Opioid Coverage Task Force, Mr. Fleischer is actively engaged in the insurance...  |  Read More

Merkl, Neil
Neil Merkl

Kelley Drye & Warren

Mr. Merkl is a commercial lawyer, litigator and trial attorney with more than 30 years of experience in contract,...  |  Read More

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