Forever Chemicals: Insurance Recoveries for PFAS Liabilities

โ€‹

Gain an understanding of the evolving legal, regulatory, and insurance landscape surrounding PFAS (โ€œforever chemicalsโ€) and their growing impact on businesses and insurers.

๐Ÿ”น PFAS background 

          a) Chemical characteristics, history, commercial uses, etc.  

๐Ÿ”น Problems with PFAS 

          b) Persistence in environment, health concerns  

๐Ÿ”น Regulatory landscape 

          c) EPA and state regulation of PFAS  

          d) Developments under the new administration  

๐Ÿ”น Legal liability landscape 

          e) Toxic tort lawsuits (MDL), consumer class actions  

          f) Notable cases, notable settlements  

๐Ÿ”น Insurance coverage for PFAS liabilities 

          g) Sources of coverage: CGL, Pollution, etc.  

          h) Obstacles to coverage: pollution exclusions, missing policies,

               other issues  

๐Ÿ”น Practical steps to securing coverage for PFAS liabilities

          i) Providing notice, locating missing policies, pushing back on denials

              and choosing your battleground

Learning Objectives

๐Ÿ”น Understand the scope of coverage under commercial property policies applicable to hurricane claims.

๐Ÿ”น Learn the science and historical usage of PFAS in commerce.

๐Ÿ”น Examine state and federal regulatory developments that affect PFAS use and remediation.

๐Ÿ”น Understand the scope of coverage under liability insurance policies applicable to PFAS claims.

๐Ÿ”น Navigate the claims process: Acquire practical tips and strategies for effectively managing and negotiating insurance claims related to PFAS, including documentation, communication with insurers, and dispute resolution.

๐Ÿ”น Preserve insurance rights: Learn how to identify and locate historic insurance policies that may be applicable to PFAS liabilities and learn how to safeguard insurance by documenting cooperation and information flows during the claim adjustment process.

TAKE IT NOW

Available now to CeriFi LegalEdge subscribers. Don't subscribe? Don't despair. Use code HB20 for 20% off. Or, HBSub20 for 20% off a full solo subscription. While supplies last.

Speakers

Bob Horkovich
Bob Horkovich Firm Managing Partner, Anderson Kill P.C.
Robert M. Horkovich is "the 'go-to person' in the area of insurance recovery," according to a client cited by Chambers USA. He has obtained more than $8 billion in settlements and judgments from insurance companies for his policyholder clients. A trial lawyer with victories that include one of the top 10 jury verdicts in the United States, the top insurance recovery jury verdict in the United States, seven landmark state Supreme Court decisions, eight jury verdicts and nine bench trial decisions in favor of the policyholders. He received his JD from Fordham University School of Law and his BS from Fordham University.
Cameron Argetsinger
Cameron ArgetsingerShareholder, Anderson Kill P.C.
Cameron R. Argetsinger is a Shareholder in the D.C. office of Anderson Kill. He focuses his practice on insurance recovery counseling and dispute resolution. Representing corporate policyholders in a broad range of insurance coverage disputes, including claims involving coverage for cyber liability, employment practices, antitrust, environmental contamination, flood and hurricanes, toxic substances and more. He received his JD from George Mason University School of Law and his BA from the College of William and Mary.
Arthur J. Clarke
Arthur J. ClarkeSenior Director, J.S. Held LLC
Arthur J. Clarke, J.D. has more than 40 years of experience as an environmental consultant and environmental attorney. He specializes in litigation support, expert witness services, transactional support, due diligence, and regulatory compliance matters and has extensive technical experience as both a project manager and analytical chemist. He received his JD from Seton Hall University School of Law, Newark, NJ and a BA in Chemistry from Binghamton University, Binghamton, NY.
Walker Prentke
Walker PrentkeSenior Hydrogeologist, J.S. Held LLC
Walker Prentke has over 10 years of diverse experience within the environmental field. He specializes in environmental liability assessment, environmental litigation support and environmental due diligence. He has carried out extensive environmental liability assessments for large and diverse clients. He holds a MS in Hydrogeology from the University of Birmingham, United Kingdom and a BS in Chemistry from the University of St Andrews, Scotland.