Cincinnati Ins. Co. v. H.D. Smith, L.L.C.

Dist. Ct. erred in granting plaintiff-insurance company’s motion for summary judgment in action seeking declaration that it owed defendant-insured no duty to defend underlying lawsuit alleging that defendant-pharmaceutical distributor negligently sold large quantities of highly addictive drugs to pharmacies that in turn provided said drugs to its customers, which caused said customers to become addicted to said drugs and caused State of West Virginia to expend money treating said addictions. Plaintiff's policy provided coverage when defendant became legally obligated to pay others “because of bodily injury,” and underlying action fit within said language of policy. Fact that West Virginia sought its own damages, as opposed to damages on behalf of addicted customers, did not require different result.