Publix’s Bid for Immediate Appeal Denied by Florida Judge in Opioid Lawsuit Coverage Dispute

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The judge explained that to avoid piecemeal judgments, a final ruling on the matter would be issued only once the entire litigation is resolved. She also emphasized that any coverage determination should be made at the conclusion of the case to ensure a comprehensive decision.

Background of the Dispute
Publix initiated the coverage dispute in November 2022, seeking coverage for lawsuits consolidated in Ohio federal court. These lawsuits are part of the broader opioid litigation, which seeks damages related to the economic impact of the opioid epidemic. The lawsuits have been stayed pending the outcome of bellwether cases in multidistrict litigation involving Publix and other parties.

In April 2023, Publix filed for partial summary judgment against its insurers, arguing that they had a duty to defend the company in the opioid-related lawsuits. The insurers, including Liberty Mutual Fire Insurance Co., Ace Property and Casualty Insurance Co., and several others, opposed the motion. They argued that the damages sought in the lawsuits did not meet the coverage requirements under the policies.

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