Calfee Insurance Coverage Attorney Tae Andrews Quoted in Law360 Insurance Authority Article on CVS Opioid Coverage Ruling

Mentioned and Quoted

Calfee Insurance Coverage Senior Counsel Tae Andrews was quoted in the August 21, 2025, Law360 Insurance Authority article, “Why Del. Policyholders Should Heed CVS Opioid Claim Loss,” which analyzes the Delaware Supreme Court’s decision to deny CVS coverage for economic loss claims related to its opioid dispensing practices. 

In the article written by Jennifer Mandato, Tae commented on the broader implications of the ruling, which upheld a lower court’s decision and reinforced the precedent set by the earlier Rite Aid case. “This case was essentially over once the insurers managed to anchor it in Delaware state court, and it was dead on arrival due to the Rite Aid decision,” Tae stated. He emphasized the importance of venue and choice of law, noting that CVS’s inability to keep the case in Rhode Island, where it is headquartered, was a critical factor. 

Tae also expressed concern over the court’s interpretation of policy language, stating, “The court rewrote both the policy language and the duty to defend standard.” He warned that the ruling could make it more difficult for future policyholders to recover defense costs and urged companies incorporated in Delaware to review their insurance programs carefully. 

Read the full Law360 Insurance Authority article.

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Calfee’s Policyholder Insurance Coverage practice group has helped its clients manage and protect nearly $2 billion in insurance assets in recent years. The team serves corporate insurance policyholder clients in Ohio and nationwide, helping to manage and minimize the risks, losses, and liabilities that pose threats to clients. Calfee’s Insurance Coverage attorneys provide advisory and claims services, assisting clients with the placement and enhancement of their insurance policies, reviews of their existing policies, shaping and pursuing claims to get losses paid by their insurance companies, negotiating resolutions to disputed insurance claims, litigating coverage lawsuits against their insurers, and finding solutions for insurance coverage issues in corporate M&A deals. The team has experience with a wide array of policy types, from newer products such as cyber and M&A representations and warranties insurance, to more traditional policy forms such as commercial general liability (CGL), umbrella, excess, property, D&O, professional liability, and EPL policies, to more specialized policies such as builder’s risk, liquor, and aviation. Calfee's Insurance practice is ranked by Chambers USA 2025 in Band 1 in Insurance: Policyholder Law in Ohio. 

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