ACUITY v. MASTERS PHARMACEUTICAL

No. 2020-1134.

205 N.E.3d 460 (2022)

169 Ohio St.3d 387

2022-Ohio-3092

ACUITY, Appellant v. MASTERS PHARMACEUTICAL, INC., Appellee.

Supreme Court of Ohio.

Decided September 7, 2022.


Attorney(s) appearing for the Case

Tucker Ellis, L.L.P., and Benjamin C. Sassé , Cleveland; Gallagher Sharp, L.L.P., and Gary L. Nicholson , Cleveland; Dean & Fulkerson, P.C., and Karen Libertiny Ludden ; and Hanna, Campbell & Powell, L.L.P., and John Chlysta , Akron, for appellant.

Brouse McDowell, L.P.A., Paul A. Rose , and Amanda M. Leffler , Akron, for appellee.

Collins, Roche, Utley & Garner, Richard M. Garner , David L. Lester , and James S. Kresge , urging reversal for amicus curiae Ohio Insurance Institute.

Weston Hurd, L.L.P., and Gary W. Johnson , Cleveland, urging reversal for amici curiae Complex Insurance Claims Litigation Association, American Property Casualty Insurance Association, and National Association of Mutual Insurance Companies.

Reed Smith, L.L.P., and Jason E. Hazlewood , urging affirmance for amicus curiae United Policyholders.


{¶ 1} In this appeal, we consider whether appellant, Acuity, an insurer, owes a duty to defend its insured, appellee, Masters Pharmaceutical, Inc. ("Masters"), in several lawsuits brought by cities and counties in West Virginia, Michigan, and Nevada ("the governments") for economic losses caused by the opioid epidemic...

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