NORTH CAROLINA FEDERAL COURT HOLDS “HAZARDOUS MATERIALS” EXCLUSION DOES NOT BAR DUTY TO DEFEND UNDER CGL POLICY FOR BODILY INJURY CLAIMS ARISING OUT OF DIRECT EXPOSURE TO PFAS

Source: https://www.whiteandwilliams.com, October 22, 2020
By: Paul A. Briganti

On October 19, 2020, the U.S. District Court for the Western District of North Carolina held that a “hazardous materials” exclusion contained in a CGL policy did not preclude a duty to defend the insured against claims alleging bodily injury resulting from direct exposure to perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), which are man-made chemicals within the group of per- and polyfluoroalkyl substances (PFAs).[1] Read more.

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