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Simpson Thacher Wins Summary Judgment In Coverage Dispute With Retail Pharmacy Chain

04.29.26

On April 14, 2026, grocery store operator Albertsons Companies, Inc. announced a $774 million settlement framework to resolve substantially all of the opioid-related claims brought against Albertsons by state, local and tribal government entities nationally. On April 27, 2026, the Delaware Superior Court awarded summary judgment to Firm client Travelers, ruling that Travelers does not have to indemnify Albertsons for the settlement. The Court held that Travelers’ general liability insurance policies do not cover the settlement because the underlying opioid lawsuits do not allege damages “because of bodily injury” as required for coverage. 

The case is In re Albertsons Opioid Insurance Litigation, Consol. C.A. No. N22C-10-301 PAW CCLD (Del. Super.).

The Simpson Thacher team included Bryce Friedman, Joshua Polster, Matthew Penny, and Jared Quigley.