Westfield National Insurance Company v. Quest Pharmaceuticals, Inc., Case No. 5:91-cv-00083, affirmed by the United States Court of Appeals for the Sixth Circuit in January 2023. Quest Pharmaceuticals sought insurance coverage under a Commercial General Liability policy issued by Westfield for claims asserted in over forty lawsuits by various municipal entities for its alleged role in the opioid epidemic. The municipal plaintiffs sought to recover economic costs incurred due to Quest’s allegedly improper distribution of opioids. On behalf of Westfield before the U.S. District Court, Elizabeth argued that Westfield owed no duty of defense or indemnity to Quest because the underlying plaintiffs were not seeking damages because of bodily injury. The Court agreed and entered summary judgment in favor of Westfield. The ruling survived a motion to alter, amend, or vacate, and was affirmed by the Sixth Circuit on appeal.
