Partner Paul Rose Comments in Law360 Regarding Insured's Successful Appeal Requiring Insurer to Defend Opioid Liability Suits

Paul Rose provides commentary to Law 360 regarding a recent decision in Acuity v. Masters Pharmaceutical Inc., decided by the Court of Appeals for the First Appellate District of Ohio. Brouse McDowell attorneys Paul A. Rose and Amanda M. Leffler represented Masters Pharmaceutical, Inc. in its successful outcome, along with Jennifer K. Nordstrom of Garvey Shearer Nordstrom PSC.

The article, titled “Acuity Must Defend Pharma Co. In Opioid Liability Suits,” was published on June 24, 2020, and discusses the Ohio Court of Appeals’ ruling that insurer Acuity has a duty to defend Masters in suits brought by cities and counties in West Virginia, Michigan, and Nevada. 

Paul Rose told Law360 that “the panel faithfully applied Ohio insurance law to reach its decision.” He said the ruling could potentially make insurance proceeds available to compensate the plaintiffs in the opioid cases against Masters and others, if their claims prove to be valid. “I think this is a good, favorable outcome for my client and companies anywhere in the opioid stream of distribution, but also a good day for governmental entities that may ultimately rely on these insurance proceeds to make them whole and fund their response to this crisis,” Rose said.

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