Allied Property & Casualty Insurance Company v. Bloodworth Wholesale Drugs Inc.

Background Pharmacies including Bloodworth Wholesale Drugs and Publix Super Markets face lawsuits alleging their role in the opioid epidemic. They sought coverage under liability policies requiring insurers to pay damages because of bodily injury. Insurers refused, arguing the policies do not cover economic losses tracing to the epidemic. District courts granted summary judgment for the insurers. The court’s reasoning The court determined that the interpretation of insurance policy terms regarding damages because of bodily injury in the context of mass tort opioid litigation is a novel question of state law. Existing precedents from other jurisdictions are not dispositive, and Georgia and Florida case law does not directly address whether such policies cover costs for care and services related to addiction and overdose in this specific context. We certify these important and novel questions of Georgia and Florida law to the Supreme Court of Georgia and the Supreme Court of Florida. USCA11 Case: 24-11398 Document: 49-1 Page: 2 What it means going forward The outcome of the underlying insurance coverage disputes remains pending until the respective state supreme courts provide guidance on the interpretation of their state laws.