Complimentary Published Article: Are PFAS the Next Asbestos?
Are PFAS the Next Asbestos? How and Why the Emergence of PFAS as a Mass Tort Could Impact the Insurance Industry
Written by Gregory P. Gaines, JD of Roux
Decades of asbestos mass tort litigation and exposure claims have had, and will continue to have, a devastating impact on insurance companies who have ended up shouldering much of the long-term liability. While asbestos mass tort liability was once thought to be a once-in-a-lifetime situation where a “perfect storm” of characteristics came together, the emergence of exposure concerns related to per- and poly-fluorinated alkyl substances (PFAS) has raised speculation that PFAS could be similarly devastating in terms of the scale of potential litigation and financial impact.
To critically assess this potential, the author compares the characteristics of asbestos and PFAS injuries and claims. This comparison suggests that unless something significant changes the current path of PFAS litigation and regulation, PFAS could be a toxic tort of similar scale to asbestos liability, or even greater. Organizations who deal with PFAS claims must proactively prepare for the expectation of a daunting level of claims handling likely needed, or risk getting caught in the PFAS litigation avalanche which appears to be coming.
This research article is published by the Environmental Claim Journal. Access the article below:
