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.

What are PFAS & why are they important?

PFAS are a group of man-made chemicals that include perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). These types of chemicals are sometimes referred to as "forever chemicals" because their unique chemical structure makes it almost impossible for them to be eliminated from the environment. The chemicals are immune from natural degradation as well as heat, acids, chemical stimuli and oxidation. Because of this, PFAS persist in water sources, leading to bioaccumulation of the substances in humans and animals. Studies have detailed the health impacts of PFAS exposure, including cancer, thyroid disease, pregnancy complications and high cholesterol.