Tae Andrews Quoted in Law360 Insurance Authority Article, 'Insureds Bag Winning Framework In Walmart Opioid Ruling'

Calfee Insurance Coverage attorney Tae Andrews was quoted in the October 15, 2026, Law360 Insurance Authority article, "Insureds Bag Winning Framework In Walmart Opioid Ruling," written by Jennifer Mandato.

The article discusses a recent decision by the Arkansas Court of Appeals holding that insurers must defend Walmart in litigation alleging that the retailer's prescription opioid dispensing practices contributed to the opioid epidemic. The court concluded that the underlying allegations potentially involved negligence-based conduct, triggering the insurers' duty to defend under the applicable commercial general liability policies.

The decision marks a notable departure from several recent opioid insurance coverage rulings that favored insurers, including decisions involving Rite Aid and CVS. For policyholders and risk professionals, the ruling highlights the importance of state-specific insurance law and underscores how courts may evaluate the substance of underlying allegations when determining whether coverage obligations are triggered.

Key Article Takeaways From Calfee's Tae Andrews

According to Tae Andrews, a policyholder-side insurance coverage attorney with Calfee, the Arkansas court's willingness to independently analyze the coverage issues was significant. Tae stated, "The court basically said, 'That might be the law in Delaware, but that's not the law here in Arkansas.'"

Tae also emphasized the critical role that forum selection played in the outcome. Noting the significance of Walmart's ability to keep the dispute in Arkansas state court, Tae explained, "Walmart's ability to anchor the case in Arkansas state court was outcome-dispositive. It made a world of difference in terms of the end result."

Looking ahead, Tae observed that the ruling provides an important counterpoint to the trend of insurer-favorable opioid coverage decisions. Referring to pending cases before the Georgia and Florida Supreme Courts, he noted, "Now we have a pretty clear data point to the contrary, so it will be very interesting to see what Georgia and Florida do when confronted with a fork in the road."

Why the Decision Matters

The ruling underscores several policyholder-friendly principles that may prove influential in future opioid-related and mass tort coverage disputes:

• Courts may focus on the underlying factual allegations and the gravamen of the complaint rather than simply adopting insurers' characterization of the claims.
• Negligence-based allegations may be sufficient to trigger the duty to defend, even where complaints also contain allegations of intentional misconduct.
• State law can significantly impact coverage outcomes, making forum selection and venue strategy critically important.
  Insurers may face challenges relying on exclusions that do not clearly and specifically address the claims at issue.

While coverage outcomes will continue to depend on the specific policy language and governing law, the Walmart decision provides a meaningful precedent for policyholders seeking defense coverage in opioid-related litigation. The ruling also signals that courts across the country remain divided on key coverage issues, ensuring that the evolving body of opioid insurance litigation will continue to be closely watched.

Tae Andrews is an experienced Senior Counsel with Calfee's Insurance Coverage practice group.

Read the full Law360 Insurance Authority article.

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