Opioid Maker Faces Uphill Coverage Battle Before 11th Circ.

Wednesday, September 20, 2023

Alycen A. Moss, co-vice chair of Cozen O'Connor’s Global Insurance Department, was quoted in the recent article “Opioid Maker Faces Uphill Coverage Battle Before 11th Circ.” by Law360. The article focuses on a Pennsylvania-based opioid maker, who faces a daunting task in convincing an Eleventh Circuit panel that an Alabama federal judge erred when finding that its late notice of an injury suit relieved a Hartford unit of its excess coverage obligations, experts say.


Alycen says follow-form language is common for consistency between primary and excess policies. “In that instance, the excess policy will state that it is following the form of the primary policy as long as there's no conflicting provision. There may be some additional requirements or coverage provisions in the excess policy, and those provisions control,” Alycen said.

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