Calfee's Matt Chiricosta and Justin Howell Quoted in Law360 Insurance Authority Article, "Firefighter Suit Sparks New Insurer Defense for PFAS Claims"

Mentioned and Quoted

Calfee Insurance Coverage Group Co-Leader and Partner Matthew A. Chiricosta and Insurance Coverage Senior Counsel Justin T. Howell were quoted in the September 10, 2026, Law360 Insurance Authority article, “Firefighter Suit Sparks New Insurer Defense for PFAS Claims.”

The article explains a pioneering ruling by an Ohio federal judge who released a commercial general liability insurer from defending a manufacturer of personal protective equipment in a lawsuit alleging PFAS-related injuries. In a suit brought by firefighters, the September 3 decision concluded that Admiral Insurance Co. had "no duty to defend or indemnify Fire-Dex LLC from claims based on an occupational disease exclusion."

The article details the novel decision likely to be seen as influential and controversial, according to insurance coverage experts.

Three underlying suits were consolidated in a multidistrict litigation in South Carolina and "allege that firefighters developed cancer from exposure to forever chemicals contained in Fire-Dex turnouts, heavy duty protective gear that firefighters typically wear while fighting fires.

The decision considered "whether, and to what extent, the claims fell under Admiral's exclusion 'for any bodily injury to any individual resulting from any occupational or environmental disease arising out of any insured's operations, completed operations or products.'" The court's decision was notable as case law on the scope of the occupational disease exclusion is limited, and it appears to be the first time a court applied the provision to a PFAS-related claim.

Matt Chiricosta stated, "Frankly, there's a very seductive simplicity to what the insurers argue here, and so it wouldn't shock me if a number of courts around the coutry find themselves persuaded by the logic here."

The article paraphrases Justin Howell as noting that "for companies that manufacture chemically treated fire-retardant equipment used in an occupational context, the decision underscores the need for policyholders and their brokers to carefully compare their policies to their risk profiles."

Justin Howell also stated, "What's notable about this decision is what wasn't addressed, and what is frequently being addressed in coverage litigation for PFAS-related liabilities is the application of pollution exclusions."

Read the full Law360 Insurance Authority article.

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