We are filing with multiple states an excess liability exclusion that contains a controlled substance exclusion. The exclusion is identical to ISO's controlled substances exclusion in multiple forms:

Controlled Substances “Bodily injury” or “property damage” arising out of the use, sale, manufacture, delivery, transfer or possession by any person of a Controlled Substance(s) as defined by the Federal Food and Drug Law at 21 U.S.C.A. Sections 811 and 812. Controlled Substances include but are not limited to cocaine, LSD, marijuana and all narcotic drugs. However, this exclusion does not apply to the legitimate use of prescription drugs by a person following the lawful orders of a licensed health care professional.

One state particularly has objected to this language (even though it has approved this language in ISO filings) citing new concerns about the opioid epidemic, and that catch-all exclusions such as this could potentially exclude any claim that can be tied back to opioids, rendering an insured without coverage for a loss that would have otherwise been covered but for the tie to opioids.