In an interview with Law360, Larry D. Mason, a partner in Goldberg Segalla’s Global Insurance Services and Environmental Law practices, sheds light on the insurance carrier’s role in investigating legacy general liability policies in relation to increasing PFAS claims from manufacturers.
PFAS, which stand for per-and polyfluoroalkyl substances, which are often called “forever chemicals,” cause environmental pollution and chemical build up in the human body with a negative impact on a person’s health. Manufacturers who have historically handled PFAS are now looking to legacy general liability policies for coverage.
“For some carriers, this search is more complicated than for others, especially when successor company interests are involved,” Larry said. “When secondary evidence is provided, it may present challenges for certain insurers simply due to the nature of the … evidence. For example, if [it] is simply a policy number, that provides a little part of the story, but it does not necessarily provide the terms and the conditions of the policy from which an insurer is able to make a coverage decision. For many claims, the search for legacy [general liability] coverage is frequently met with unfulfilled expectations.”
“Greater PFAS Scrutiny Has Manufacturers, Insurers Worried,” Law360, February 27, 2022
Larry D. Mason is a renowned trial and appellate litigator and counselor to many national and international businesses across diverse industries. Based in Chicago but with experience litigating and counseling clients through complicated and high-profile matters across the country and internationally, he dedicates most of his practice to insurance coverage, reinsurance, commercial litigation, environmental and toxic torts, and complex insurance regulatory matters. He also focuses on professional liability for clients in insurance, environmental, construction, and related industries; products liability; and identifying emerging risks. He brings his extensive experience to leadership positions in the firm, where he is chair of the Environmental and Mass Torts Coverage, First-Party Property, and Construction Coverage subgroups.