In a 600 page complaint, AIU Insurance Company (AIU), and National Union Fire Insurance company of Pittsburgh, PA (National Union) are seeking a declaration that they are not obligated to defend or indemnify McKesson Corporation against lawsuits seeking to hold  McKesson liable for its role in the opioids epidemic under insurance policies issued by AIG to McKesson.

McKesson, a wholesale pharmaceutical distributor, had commercial umbrella liability insurance policies from AIG, effective from July 1999 to July 2009. The coverage dispute stems from McKesson's alleged misconduct in the distribution of opioids, which has subjected the company to Drug Enforcement Agency (DEA) and Department of Justice (DOJ) investigations, fines, and settlements, as well as thousands of Opioids Lawsuits brought by entities as large as cities states and putative classes, and individuals. Many of those suits have been consolidated in a multi-district litigation, (the MDL) In re Nat'l Prescription Opiate Litig.1:17-md-2804 (N.D. Ohio 2017).

McKesson supposedly provided notice of the Opioids Lawsuit to primary, excess, and umbrella carriers that issued the company policies between 1996 and 2018, including AIG. Despite requests from the insurer, McKesson has failed to demonstrate that it has satisfied self-insured retentions or limits underlying the Policies. McKesson has also failed to provide information AIG has repeatedly requested to allow the company to completely assess coverage for the Opioids Lawsuits. Despite these shortcomings, McKesson has demanded that AIG pay its fees and the costs of defending the Opioids Lawsuits and indemnify McKesson for the settlements it has agreed to pay or may reach in the future.

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