PFAS And Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as "forever chemicals" because they are slow to degrade and can stay in the environment for many years. PFAS are a large group of synthetic chemicals, which are used in a wide range of product types, such as water and stain repellents, lubricants, packaging, electronics and fire-fighting foams, due in large part to their resistance and low chemical reactivity.

In recent years, questions have been raised about whether PFAS represent a cause for concern from an environmental perspective, and whether there may be human health risks from PFAS exposure. In the US, high-profile lawsuits have prompted many states to pass laws restricting certain PFAS uses. States like Minnesota, for example, have given state agencies authority to ban PFAS in a wide range of products, have enacted phase-outs of PFAS in