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Law360 Insurance Authority

Matthew A. Chiricosta, Partner with Calfee's Insurance Coverage and Insurance Recovery practice areas, was quoted in the January 8, 2024, Law360 Insurance Authority article "9th Circ. Must Define 'Occurrence' in Opioid Coverage Fight" by Shane Dilworth.

The article explores the arguments that will be presented to a three-judge panel this week as to whether the Northern District of California was correct in its finding that commercial general liability policies issued by National Union Fire Insurance Company of Pittsburgh (a subsidiary of AIG) and Ace Property and Casualty Insurance Co. (a unit of Chubb) do not require them to defend McKesson Corp. against at least three government opioid suits. At center stage is the question of what constitutes an occurrence, "an accident that triggers an insurer's defense obligations."

Calfee Partner Matt Chiricosta is quoted in the article as stating, "The notion that there's no occurrence simply because some foreseeable risk of harm materializes, to me, is antithetical to the entire general liability insurance regime." He continued, "The duty to defend is supposed to attach if even one claim or one allegation in the lawsuit will trigger coverage."

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