Triggering Coverage In Opioid-Related Bodily Injury Claims

In cases that involve bodily injury allegedly caused by opioid addiction, one of the first questions liability insurers and their counsel should ask is whether the claim triggers their particular policy.

A policy is “triggered” in this context if the bodily injury is deemed to have occurred during the policy period.

A trigger analysis is important because the typical commercial general liability (CGL) coverage form provides coverage only for losses occurring during the policy period. If the bodily injury did not occur during the policy period, then the policy is not triggered, and that policy will not provide coverage for that injury.

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