Generally, arguments exist that PFAS litigation may be covered by general liability and other insurance policies. However, contentions will arise over whether certain policy exclusions apply. To date, three cases have litigated insurance coverage issues concerning underlying PFAS claims. (Credit: Bigstock)
Litigation over per-and polyfluoroalkyl substances (PFAS) in the United States has been headline inducing. As companies that manufacture PFAS or use PFAS in the manufacturing of other end products are strapped with extraordinarily large verdicts and settlements, many will need to turn to their insurance companies to access the insurance coverage they have purchased to protect their businesses. In addition to the currently occurring PFAS litigation, increased federal and state PFAS regulation will induce further disputes and recovery. What results is an emerging insurance coverage battleground over funding for PFAS liabilities and regulatory requirements.
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