(Courthouse, Baltimore, Md./New York Public Library Digital Collections)
In an UNPUBLISHED opinion, with a caution on its face to CHECK COURT RULES BEFORE CITING, the Delaware Superior Court determined that a coverage case with respect to Opioid Lawsuits against CVS will remain pending in Delaware, at least for now. The decision is In Re: CVS Opioid Ins. Litig., Consol. C.A. No. N22C-02-045, 2022 WL 3330427 (Del. Super. Ct. Aug. 12, 2022).
The Court was faced with two competing lawsuits and a motion to dismiss or stay based on forum non conveniens. The first lawsuit was filed in Delaware by CVS's insurers for a declaration that the carriers do not provide insurance coverage for indemnity or defense of the Opioid Lawsuits against CVS. The Opioid Lawsuits against CVS are pending in Multi-District Litigation centered in the Northern District of Ohio. There are also some Opioid Lawsuits pending against CVS in State Courts.
The second lawsuit of concern was a lawsuit filed in Rhode Island by CVS against its insurers, after the insurers filed their lawsuit in Delaware. CVS sued in Rhode Island for insurance coverage and also for alleged insurer bad faith.
The Delaware Court ruled that the Delaware case having been filed first, it is CVS's burden to establish forum non conveniens by showing that CVS faces an "overwhelming hardship" to litigate the Delaware case in Delaware. In re: CVS Opioid Insurance Litigation, 2022 WL 3330427, at *7.
The Court held that CVS did not meet its burden. Under this decision, the Delaware lawsuit filed by CVS's carriers for declaratory relief relative to coverage for the Opioid Lawsuits against CVS, remains pending in Delaware accordingly.
Please read the disclaimer. ©2022 Dennis J. Wall. All rights reserved.
Comments