In February 2024, the LSPA heard from a few members that their insurance carriers were adding PFAS exclusions to their professional liability policies. This has since been confirmed by other LSPs and practitioners. Some consulting firms have been able to negotiate exceptions for PFAS “sample collection and testing,” and others have been successful in waiving exclusions for all PFAS-related activities. 

We urge you to share this information with the appropriate colleagues at your company and to review your insurance policy carefully. Remember: Given the ubiquity of PFAS, these types of exclusions could apply to many sites, whether or not PFAS is a primary contaminant of concern. 

To support our membership, the LSPA is compiling information that may be helpful to members re-evaluating their insurance policies.

• Some LSPA members have been asked to provide additional information about their PFAS work during discussions with their insurer regarding the exclusion. Click here for some explanations of our work that have been generated by LSPA members; we hope this helps as you formulate the best response for your company’s situation.

• The LSPA has shared information about PFAS insurance exclusions with the Executive Directors of other relevant associations in Massachusetts (e.g., ACEC, EBC, MassWaterworks, NEWWA, NEWEA) so that these organizations can also work with their members and counsel to address this concern.

If you have information from your own experience that might be useful for others, please email the LSPA at [email protected] or Wendy Rundle at [email protected] so that we can continue to support LSPA members in obtaining the necessary professional insurance.