{"title":"PFAS: Liability and Insurance Coverage Issues for the “FOREVER CHEMICAL”","authors":"Robert D. Chesler, A. J. Clarke, Robin Kelliher","doi":"10.1080/10406026.2020.1869894","DOIUrl":null,"url":null,"abstract":"Abstract This article examines the recent surge in Per or polyfluoroalkyl substances (PFAS)-regulatory enforcement and private party suits, and where a responsible party may look for insurance coverage for this liability. PFAS are the so-called “forever chemicals” because of their persistence in groundwater. In some states, PFAS groundwater contamination that pre-dates 1986 may be covered under a company’s pre-1986 historic general liability policies; in other states, coverage would only lie under pre-1973 policies. Moreover, currently available pollution insurance policies may provide coverage for PFAS liability.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1869894","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Environmental Claims Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/10406026.2020.1869894","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Environmental Science","Score":null,"Total":0}
引用次数: 3
Abstract
Abstract This article examines the recent surge in Per or polyfluoroalkyl substances (PFAS)-regulatory enforcement and private party suits, and where a responsible party may look for insurance coverage for this liability. PFAS are the so-called “forever chemicals” because of their persistence in groundwater. In some states, PFAS groundwater contamination that pre-dates 1986 may be covered under a company’s pre-1986 historic general liability policies; in other states, coverage would only lie under pre-1973 policies. Moreover, currently available pollution insurance policies may provide coverage for PFAS liability.
期刊介绍：
The Environmental Claims Journal is a quarterly journal that focuses on the many types of claims and liabilities that result from environmental exposures. The ECJ considers environmental claims under older business insurance policies, coverage and claims under more recent environmental insurance policies, as well as toxic tort claims. Exposures and claims from all environmental media are considered: air, drinking water, groundwater, soil, chemicals in commerce and naturally occurring chemicals. The journal also considers the laws, regulations, and case law that form the basis for claims. The journal would be of interest to environmental and insurance attorneys, insurance professionals, claims professionals, and environmental consultants.
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