SEPOY.net
No Result
View All Result
Sunday, June 22, 2025
  • Home
  • News
  • Business
  • Health
  • Tech
  • Lifestyle
  • Economy
  • Crypto
  • Travel
  • Home
  • News
  • Business
  • Health
  • Tech
  • Lifestyle
  • Economy
  • Crypto
  • Travel
No Result
View All Result
SEPOY.NET
No Result
View All Result
Home Business

Using historic CGL policies to defend PFAS claims

Nicholas by Nicholas
October 28, 2022
in Business
0

Studies have shown that high levels of PFAS can lead to increased risk of cancer, changes in liver enzymes, and decreased vaccine response, among other health effects. Anyone exposed to PFAS may have cause to pursue litigation, especially if they can prove that exposure caused bodily injury.

READ ALSO

WestJet cyberattack remains unresolved one week in, but operations unaffected

The day my brokerage was hacked: What I learned

Most PFAS claims will likely involve general liability policies, which provide insurance coverage for claims because of bodily injury and/or property damage to third parties. However, most current commercial general liability (CGL) insurance policies do not provide coverage for PFAS claims because of pollution or PFAS-specific exclusions.

Instead, businesses can look to their historic CGL policies (if they have access to them) – meaning those issued before the broad form pollution exclusion was introduced in the mid-1980s – to see if they have coverage. Most historic CGL policies cover bodily injury or property damage caused by an ‘occurrence’ – in this case, PFAS exposure – meaning they will cover any incidents that happen during the policy period, regardless of when a claim is reported.

Read next: The litigation landscape around PFAS is heating up

The burden of proof is challenging the further back these claims go, but Alex Roje, partner in Lathrop GPM’s Insurance Recovery practice, believes there’s enough information available for plaintiffs to bring cases, and for businesses (and their insurers) to defend allegations. She said there’s going to be a paper trail as to how and where PFAS chemicals were used, and whether they contaminated water sources, such that it’s “probably not a surmountable challenge for plaintiffs” to prove exposure. 

“What about the burden of proof with the insurance company? Let’s say a claimant finds one of these old CGL policies [and they want to use it in defense of a claim alleging historical PFAS exposure]. Is the insurance company going to take the position that the claim can’t be proven? I think the answer to that is ‘no’ because these old CGL policies typically have a separate duty to defend the policyholder,” explained Roje.

“These policies require the insurance company to take up the defense of the policyholder in any claims where there is a potential for property damage or bodily injury. It’s the potential for coverage that really triggers the defense obligation. Even if it turns out the claimant has a full defense and they’re able to prove they have no liability, the insurance company still has to defend them through that process. And as anyone who has dealt with long-tail environmental claims will attest to, they are often extremely expensive to defend, so having a strong defense is key.”

Read more: Tackling the rising tide of environmental insurance risks

One mitigating factor in the litigation risk is the ubiquitous nature of PFAS chemicals. While it might be possible for plaintiffs to prove they were exposed to PFAS 60-years-ago, it’s not so easy to prove the connection between that exposure and subsequent bodily injury or property damage.

“From the plaintiff standpoint, even if they could prove their disease was a result of exposure to PFAS, they’d then have to prove a link between that exposure and the particular defendant, which is hard considering the fact that PFAS is everywhere,” said Roje.

However, the plaintiffs’ bar has a knack for creativity. As the litigation landscape around PFAS has evolved, Roje has seen more and more “creative arguments” from the plaintiffs’ bar around the science relating to the exposures. “They [the plaintiff attorneys] will always find a way,” she warned.

Source

Tags: CGLPFAS

Related Posts

WestJet cyberattack remains unresolved one week in, but operations unaffected
Business

WestJet cyberattack remains unresolved one week in, but operations unaffected

June 20, 2025
The day my brokerage was hacked: What I learned
Business

The day my brokerage was hacked: What I learned

June 20, 2025
Allianz Commercial’s new head of property
Business

Allianz Commercial’s new head of property

June 20, 2025
Where to look for a made-in-Canada MGA licensing regime
Business

Where to look for a made-in-Canada MGA licensing regime

June 20, 2025
Cape Breton Collision Reporting Centre Opens in Sydney
Business

Cape Breton Collision Reporting Centre Opens in Sydney

June 20, 2025
Air Astana: How can Kazakhstan’s flag carrier boost its dwindling share price?
Business

Air Astana: How can Kazakhstan’s flag carrier boost its dwindling share price?

June 20, 2025
Next Post

LexisNexis on closing America's life insurance gap

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

About

Sepoy.net is a perfect place for people who want daily updates on news related to business, technology, entertainment, health, cryptocurrency etc.

Contact: hello@sepoy.net

Major Categories

News

Business

Tech

Economy

 

Recent Posts

  • Online Roulette online Pharaoh Riches echtgeld Ausüben Für nüsse Echtgeld Runde
  • Erreichbar Kasino Verzeichnis 2025 Beste Erreichbar Casinos im Echtgeld Probe
  • What does A bear titanic $1 deposit Claw Tat Imply

Pages

  • About Us
  • Contact Us
  • Disclaimer
  • DMCA
  • Home
  • Privacy Policy

© 2023 Sepoy.net

No Result
View All Result
  • Home
  • Business
  • News
  • Health
  • Tech
  • Science
  • Lifestyle
  • Travel

© 2023 Sepoy.net