Article ID: 2fdbe55d125378391e5128e15ca080ded51535e6815001107f1940fb2aeb1633
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D&O policy doesn’t cover antitrust suit over drug acquisition: Court - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers D&O policy doesn’t cover antitrust suit over drug acquisition: Court by Richard Sine D&O Mar 26, 2026 An insurer does not owe a pharmaceutical company coverage in an antitrust case tied to the acquisition of a Parkinson’s disease drug, a federal court ruled. In Supernus Pharmaceuticals Inc. v. Old Republic Insurance Company, U.S. District Judge Adam B. Abelson in Maryland found that the antitrust suit didn’t qualify as a covered “securities claim” under the policy. In the antitrust suit, two generic drugmakers claim that Supernus’s 2020 purchase of a company, USWM Enterprises, was intended to inflate the price of the Parkinson’s drug, Apokyn, among other allegations of anti-competitive behavior, according to the judge’s ruling. The drugmakers contend that Supernus and associated companies conspired to delay generic competition for Apokyn. The Old Republic directors and officers policy covered claims arising from securities “issued by the Company,” meaning Supernus or its subsidiaries. But Supernus acquired USWM Enterprises with cash, and any securities USWM Enterprises ever issued were issued before it became a Supernus subsidiary, the judge stated. “The relevant question is whether Enterprises was a subsidiary of Supernus when it issued securities,” Judge Abelson wrote. “Undisputedly, it was not.” The judge rejected a claim that the policy should be triggered because USWM Enterprises was a subsidiary of Supernus by the time the insurance claim was filed. He said that reasoning was inconsistent with the policy’s plain language and with provisions that limited coverage for wrongful acts occurring before an entity becomes a subsidiary. Apokyn, the drug at the center of the business dispute, is a prescription apomorphine injection used to treat sudden “off” episodes in patients with advanced Parkinson’s disease, which are moments when standard oral medications stop working and mobility becomes severely impaired. The two generic manufacturers, Sage Chemical and TruPharma, were seeking approval to market a competing version when they filed their antitrust complaint. Supernus did not immediately respond to a request for comment. 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