Paul Rose Comments in Law360 Regarding Policyholder Defense in Opioid Case

Brouse McDowell Partner Paul Rose gives insight to Law360 regarding Acuity v. Masters Pharmaceutical Inc., a case now in front of the Ohio Supreme Court.

In June of 2020, Paul A. Rose and Amanda M. Leffler of Brouse McDowell, alongside Jennifer K. Nordstrom of Garvey Shearer Nordstrom PSC, successfully defended Masters Pharmaceutical, Inc. to the First Appellate District Court of Ohio. This appellate court decision overturned an earlier trial court decision, and directed insurer Acuity to fund Masters' defense of underlying suits accusing it of contributing to the opioid crisis. 

In February of 2021, Acuity requested that the Ohio Supreme Court upend this reversed appellate ruling following the original court decision, asserting that the underlying suits are untethered to any specific bodily injuries to any individuals. Law360’s article, titled “Drug Co. Owed Defense In Opioid Suits, Ohio Justices Told,” discusses the brief brought by Masters to the Ohio Supreme Court urging the Court to uphold the appellate ruling.  

Paul Rose told Law360 that the case presents a “fairly simple and straightforward” coverage dispute for the Ohio Supreme Court and notes that “[g]iven the breadth of an insurer’s duty to defend under Ohio law, the appeals panel’s ruling was correct.” 

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