ACE American Ins. Co. v. Rite Aid Corp., No. 339, 2020 (Del. 2022)

Ross Aronstam & Moritz, together with O’Melveny & Myers, Holwell Shuster & Goldberg, and Clyde & Co., represented three Chubb units in a successful appeal from the Delaware Superior Court.  In the appeal, the Delaware Supreme Court ruled that there is no requirement for Chubb to defend Rite Aid in lawsuits brought by Ohio counties accusing the pharmacy of fueling an opioid epidemic. The Court found that the counties were pursuing recovery of economic damages as opposed to personal injuries suffered from the epidemic, and that therefore Rite Aid's applicable insurance policies were not triggered.