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In a 600 page complaint, AIU Insurance Company (AIU), and National Union Fire Insurance company of Pittsburgh, PA (National Union) are seeking a declaration that they are not obligated to defend or indemnify McKesson Corporation against lawsuits seeking to hold McKesson liable for its role in the opioids epidemic under insurance policies issued by AIG to McKesson.

McKesson, a wholesale pharmaceutical distributor, had commercial umbrella liability insurance policies from AIG, effective from July 1999 to July 2009. The coverage dispute stems from McKesson’s alleged misconduct in the distribution of opioids, which has subjected the company to Drug Enforcement Agency (DEA) and Department of Justice (DOJ) investigations, fines, and settlements, as well as thousands of Opioids Lawsuits brought by entities as large as cities states and putative classes, and individuals. Many of those suits have been consolidated in a multi-district litigation, (the MDL) In re Nat’l Prescription Opiate Litig.1:17-md-2804 (N.D. Ohio 2017).

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