PFAS foam on the beach near Van Ettan Lake in Oscoda, Michigan. Credit: Michigan Department of Environment, Great Lakes, and Energy/Wikicommons PFAS foam on the beach near Van Ettan Lake in Oscoda, Michigan, according to the state’s Department of Environment, Great Lakes, and Energy. Credit: Michigan Department of Environment, Great Lakes, and Energy/Wikicommons

Editor’s note: This is the second installment of a two-part series that looks at coverage issues surrounding PFAS, or forever chemicals as they are more colloquially called. The first part of the series is available here.

Policyholders should not take no for an answer even if they face denials of coverage by their insurers based on pollution exclusions. As the drafting and regulatory history of standard-form CGL policies show, policyholders have strong arguments that pollution exclusions should not be applied to preclude coverage for per- and polyfluoroalkyl substances (PFAS) claims.

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