Managing the ‘forever risk’ of PFAS

Used for decades across industries including manufacturing, water, firefighting, waste, and agriculture, Duncan Strachan, partner at DAC Beachcroft, explains how these chemicals are now the focus of growing regulatory scrutiny and litigation worldwide.

While most litigation to date has taken place in the US, Carolyn Mackenzie, director of complex claims at Intact Insurance, considers the potential for coverage disputes in the UK, including how broad policy exclusions introduced in recent years could limit insurers’ exposure.

Historical policy wordings are also under the microscope, with Robert Latimer, environmental risk director at Crawford, explaining comparisons are being drawn to asbestos-related claims and lessons learned from that long-tail liability.

Barney Winkler, partner at Kennedys, considered the differences with past long-tail liabilities – particularly given how widespread PFAS contamination could be by comparison.

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