UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ WESTFIELD NATIONAL INSURANCE COMPANY (21-6026); │ MOTORISTS MUTUAL INSURANCE COMPANY (21-6043), │ Plaintiffs-Appellees, > Nos. 21-6026/6043 │ v. │ │ QUEST PHARMACEUTICALS, INC., │ Defendant-Appellant. │ ┘

Appeal from the United States District Court for the Western District of Kentucky at Paducah. Nos. 5:19-cv-00083; 5:19-cv-00187—Thomas B. Russell, District Judge.

Argued: October 20, 2022

Decided and Filed: January 13, 2023

Before: COLE, GIBBONS, and BUSH, Circuit Judges. _________________

COUNSEL ARGUED: James R. Coltharp, Jr., WHITLOW, ROBERTS, HOUSTON & STRAUB, PLLC, Paducah, Kentucky, for Appellant. Richard M. Garner, COLLINS, ROCHE, UTLEY & GARNER, Dublin, Ohio, for Appellee Westfield National Insurance Company. Patrick F. Hofer, CLYDE & CO US LLP, Washington, D.C., for Appellee Motorists Mutual Insurance Company. ON BRIEF: James R. Coltharp, Jr., WHITLOW, ROBERTS, HOUSTON & STRAUB, PLLC, Paducah, Kentucky, for Appellant. Richard M. Garner, COLLINS, ROCHE, UTLEY & GARNER, LLC, Dublin, Ohio, for Appellee Westfield National Insurance Company. Patrick F. Hofer, Elderidge A. Nichols, Jr., CLYDE & CO US LLP, Washington, D.C., Jared K. Clapper, CLYDE & CO US LLP, Chicago, Illinois, Richard L. Walter, BOEHL STOPHER & GRAVES LLP, Paducah, Kentucky, for Appellee Motorists Mutual Insurance Company. Gary Johnson, WESTON HURD LLP, Cleveland, Ohio, for Amici Curiae. Nos. 21-6026/6043 Westfield Nat’l Ins. Co., et al. v. Quest Pharms., Inc. Page 2

_________________

OPINION _________________

COLE, Circuit Judge. In the wake of a nationwide opioid epidemic, aggrieved individuals, local governments, and other organizations are taking pharmaceutical companies to task for their allegedly wrongful conduct in promoting and distributing prescription opioids. Quest Pharmaceuticals, Inc. (“Quest”), a Kentucky-based distributor of generic drugs, now finds itself on the receiving end of approximately 77 such lawsuits. Quest reported the litigation to its insurers, Westfield National Insurance Co. (“Westfield”) and Motorists Mutual Insurance Co. (“Motorists”), who promptly filed suit in federal court and sought declaratory judgments that they were not required to defend or indemnify Quest in the underlying lawsuits. The district court granted summary judgment to the insurers, reasoning that the relevant policy language, which requires the insurers to defend Quest in lawsuits seeking damages “because of bodily injury,” did not cover the claims brought against Quest. After its motion for reconsideration was denied, Quest timely appealed and the cases were consolidated for argument and opinion. Because we agree with the district court’s interpretation of the policies’ scope under Kentucky law, we affirm.

I. BACKGROUND

Quest Pharmaceuticals, Inc. is a Kentucky-based wholesale distributor of pharmaceutical products. Quest specializes in distributing generic versions of popular drugs, including opioids. Like many other opioid manufacturers and distributors, Quest now f