Remediating, Insuring, and Litigating PFAS Claims

Abstract
PFAS are a group of chemicals found in a variety of products (e.g., Teflon®) and have been used widely in industrial and environmental processes (e.g., oil recovery, firefighting). They do not break down, and over time can accumulate in the body and the environment. While largely no longer used in the United States, they continue to be used internationally. Studies have shown they have adverse health effects on humans and animals.
In this article the authors discuss the history and impact of PFAS, insurance coverage for claims relating to PFAS contamination, the practice of “insurance archaeology,” maximizing insurance coverage, and, finally, existing and anticipated litigation arising from environmental damage and bodily harm from PFAS.

Authors

Dr. Jaana Pietari, PhD, MBA, PE (jpietari@ramboll.com), Senior Managing Consultant with Ramboll Group, has more than twenty years of professional and academic experience in the fate and transport of contaminants, the reconstruction of environmental releases to groundwater and sediments, and environmental forensics.

Jim Fenstermacher, PE (jim.fenstermacher@ramboll.com), is a Subject Matter Expert on PFAS environmental fate, transport, and regularly interfaces with academia, provides branding, and supports business development efforts regarding PFAS issues.

Dr. Michael Bock, PhD, MS (mbock@intell-group.com), Managing Director at The Intelligence Group, has more than twenty-five years of experience in environmental consulting with a specialization in environmental forensics and the investigation and assessment of contaminated soils, groundwater, and marine and freshwater sediments.

Robert D. Chesler (rchesler@andersonkill.com) is a shareholder in Anderson Kill’s Newark office. Bob represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs. Bob is also a member of Anderson Kill’s Cyber Insurance Recovery group.

Nicholas M. Insua (ninsua@andersonkill.com) is a shareholder in the New Jersey and Philadelphia offices of Anderson Kill who focuses his practice on insurance recovery litigation and counseling. Nick also represents clients in business disputes outside the insurance coverage context. He is a member of the firm’s COVID Task Group.

Sheila Mulrennan (smulrennan@iagltd.com) is the President of Insurance Archaeology Group (IAG) which she founded in 1985. Featured in a survey of “One Hundred Leading Women” in Business Insurance, Sheila is one of the nation’s foremost specialists in historic insurance reconstruction. Under her direction, IAG has pioneered the methods to research missing policies.

Robin Kelliher (robin.kelliher@willistowerswatson.com) is the National Director for Environmental Claims with the Environmental Practice at WillisTowersWatson. As National Director of the Environmental Claims Practice, Robin leads a team of claim professionals responsible for delivery of technical and strategic consulting services designed to assist clients in managing environmental loss and claims.

Jason R. Waters (jason.waters@wilsonelser.com) is the Regional Managing Partner of Wilson Elser’s McLean, Virginia office. He also co-chairs the firm’s national Toxic Tort & Environmental Practice Team. Jason has more than 20 years of experience litigating complex claims involving a wide variety of alleged exposures.

About
The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.

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