Appellate Decision Highlights Key Issues in PFAS Coverage Litigation, American Bar Association

Partner Sergio Oehninger, of counsel Garrett Nemeroff, and associate Eric Toepfer co-authored an article for the American Bar Association examining the US Court of Appeals for the Second Circuit’s decision in Town of Harrietstown v. Westchester Fire Insurance Co. and its implications for insurance coverage disputes involving per- and polyfluoroalkyl substances (PFAS). The article explores how the ruling addresses pollution exclusions, causation issues, and combined claims provisions in PFAS-related litigation.

The authors analyze the court’s conclusion that multiple alleged causes of contamination do not necessarily constitute multiple claims under an insurance policy, emphasizing the importance of closely evaluating policy language, pollution exclusion carve-backs, and underlying demands. They also highlight practical considerations for policyholders and coverage counsel when assessing insurers’ duty to defend in increasingly complex PFAS coverage disputes.

Read the full American Bar Association article >>