Public Nuisance Lawsuits and Insurance Coverage Issues

Historically, the common law tort of public nuisance aimed to uphold community morals and address public health violations.

Now, public nuisance has emerged as a central cause of action in some of the largest environmental and non-environmental claims facing the insurance industry, raising compelling coverage issues.

Public nuisance litigation has been used in recent times to achieve massive verdicts and settlements stemming from the public’s use of lawful products.

The modern wave of nuisance litigation began with claims brought against the tobacco industry, culminating in a $246 billion settlement.

In just one of the over 3,000 opioid public nuisance cases winding through the courts, an Oklahoma court in 2019 entered a $465 million judgment against Johnson & Johnson, and three of the many opioid defendants have publicly disclosed current attempts to reach a $26 billion settlement with certain states.