Andrew Hahn, special counsel in the New York office of Covington & Burling LLP, has recently written about the emerging risk of PFAS-related liability claims and the early-stage insurance coverage picture. His article appears in the April/May 2025 issue of Business Insurance.

Specifically, Hahn discusses commercial general liability (CGL) insurance programs, which can provide coverage for claims going back many decades — including those arising from PFAS exposures. He then steps through coverage considerations and ways a policyholder can seek to secure insurance rights even in the absence of a tort-style inquiry. Many of his recommendations stress the importance of record-keeping — tracking, compiling, monitoring — to provide essential evidence to establish the right to coverage.

KCIC continues to see interest from clients who could face PFAS litigation, and we expect to interest to grow as landscape evolves. In our experience, Andrew’s guidance is spot on. To read the full article in Business Insurance, click here. 

We have also written extensively about PFAS coverage litigation here on our blog:

PFAS Chemicals and the Changing Legal Landscape

PFAS Liability: Unearthing Available Insurance Coverage

Data Challenges for PFAS and Other Emerging Tort Insurance Claims

Setting the Stage for PFAS Coverage Litigation

Part Two: Setting the Stage for PFAS Coverage Litigation: Allocation and Trigger

PFAS Regulatory Updates and Implications

Phthalates Litigation Update