Simpson Thacher Wins Summary Judgment In Coverage Dispute With Opioid Manufacturer Trust
On February 10, 2026, the Eastern District of Pennsylvania awarded summary judgment to Firm client Travelers in an insurance coverage action against the Endo General Unsecured Creditors’ Trust, which was formed following the bankruptcy of opioid manufacturer Endo International plc. The trust sought coverage for thousands of underlying lawsuits brought against Endo by governments, third-party payors, and individuals seeking money for harms that allegedly resulted from the opioid epidemic. In granting summary judgment to Travelers, the Court held that the policies’ “products exclusion” barred coverage for all of the opioid lawsuits against Endo, including for claims related to Endo’s alleged “unbranded promotion” of opioids. In addition, the Firm secured a favorable decision on the alternative grounds that there is no coverage because the opioid lawsuits by government entities and third-party payors did not allege “damages because of bodily injury” as required for coverage under the policies.
The case is Dundon v. ACE Prop. & Cas. Co., No. 24-cv-4221 (E.D. Pa.).
The Simpson Thacher team included Bryce Friedman, Joshua Polster, Matthew Penny, and Conor Mercadante.