John DeLascio Authors Byline Discussing the Impact of Medical Monitoring Claims on the Insurance Industry
Hinshaw partner John DeLascio has authored a byline in ARIAS U.S. Quarterly discussing medical monitoring claims and how they are disrupting traditional tort and insurance principles in the wake of per- and polyfluoroalkyl substances (PFAS). DeLascio notes that there has been a resurgence of medical monitoring claims due to growing concern over the potential health risks of alleged toxic exposure to PFAS.
DeLascio states that medical monitoring claims pose "significant legal dilemmas" and create serious insurance coverage issues. "The critical question is whether claims for medical monitoring can constitute 'bodily injury' under general liability policies. Medical monitoring claims raise numerous insurance coverage issues, most notably that they require funds be expended without any proof of injury or bodily injury," he says. This represents a dramatic departure from the traditional tenets of tort law.
Read the full article (PDF)
"Medical Monitoring Claims," was published in the Quarter 1 2023 edition of ARIAS U.S. Quarterly.