Pollution exclusions and PFAS claims: Reading tea leaves from early coverage rulings

Source: https://www.propertycasualty360.com/, May 31, 2024
By: Matthew C. Penny & Bryce L. Friedman

A multitude of lawsuits have been filed across the country that allege harms purportedly caused by “PFAS” chemicals. The underlying litigations have resulted in billions of dollars in settlements, which, in turn, have led to demands for insurance coverage and associated coverage litigation. Most PFAS-related coverage actions remain in relatively early phases of litigation.

That said, a handful of early court decisions on insurance coverage issues related to PFAS have, thus far, focused on the duty to defend under commercial liability insurance policies and, in particular, application of pollution exclusion clauses. Read more.

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