Climate Change and Insurance: Anticipating Liabilities and Coverage Risks
Strategies to Obtain and Deny Coverage Related to Global Warming Claims
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Thursday, January 29, 2009
Recorded event now available
This seminar will examine the types of claims being filed over climate change losses, insurance coverage issues for both policyholders and insurers, and how companies and insurers can mitigate climate change risks and liabilities.
Description
Most of what is insured is vulnerable to the effects of climate change, which has become a top insurance risk. Companies and counsel must understand the potential liability and mitigate the risks associated with climate change.
Litigation related to global climate change is increasing. Lawsuits have been filed across the country, including in the District of Columbia, New York, North Carolina, Indiana, Minnesota, Texas and California, and more litigation is expected.
As companies face potential litigation and EPA regulation, they are turning to their insurers to address their potential exposures related to climate change. There is much uncertainty and many questions that insurers and their policyholders should consider now.
Listen as our panel of insurance law specialists examines the types of claims being filed over climate change losses, insurance coverage issues for both policyholders and insurers, and how companies and insurers can mitigate climate change risks and liabilities.
Outline
- Introduction
- Areas of potential liability/causes of action
- Recent litigation
- Where to seek coverage
- Coverage issues
- Trigger of coverage
- Pollution exclusion
- BI/PD exclusion
- Occurrences involved?
- Intended or expected harms
- Timing limitations
- Allocation of damages to policies
- Value assigned to damage
- Strategies for mitigating risk and liability
- For insurers
- For companies/corporate America
Benefits
The panel will review these and other key questions:
- What are the underlying causes of action for lawsuits on climate change liability facing companies now?
- Can policyholders establish coverage using a qualified pollution exclusion?
- Do climate change/global warming claims involve an occurrence? Does the lack of an occurrence preclude coverage?
Faculty
Erica J. Dominitz,
Partner
Dickstein Shapiro, Washington, D.C.
She represents corporate policyholders in insurance coverage matters, including those with respect to liabilities incurred as the result of environmental property damage. She also is a member of the firm’s Quality Assurance Committee and advises firm attorneys and employees on matters relating to compliance with ethics rules and opinions.
Theodore A. Howard,
Partner
Wiley Rein, Washington, D.C.
He counsels and represents domestic and international insurers and reinsurers in insurance coverage disputes and related litigation and has considerable experience in other complex civil litigation. He represents clients in coverage and reinsurance disputes involving asbestos, dioxin, hazardous waste and noise, chemical exposure, and reinsurance and agent-broker controversies.
John N. Ellison,
Partner
Reed Smith, Philadelphia
He focuses in the insurance coverage area on behalf of policyholders and handles matters related to environmental liabilities, asbestos-related claims and other toxic torts. He regularly counsels clients on insurance-related issues, spanning from structuring insurance programs to reviewing policy wording and related documentation.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD $49.00
plus $9.45 S&H
Available ten business days after the live event
CLE Credit
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Customer Reviews
This seminar covered a lot of territory in a short period of time. It also assumed that the attendees had a significant level of experience coming into the program, which I did.
Louis C. Long
Pietragallo
I enjoyed the speaker's helpful insights for insurance practitioners and I particularly liked their 'best practice' tips.
Daina Bray
Phelps Dunbar LLP
The speaker's use of practical examples and not just talking about legal concepts, was very good.
Jeffrey Kaplan
Gaglione, Dolan & Kaplan
The speakers were well versed and kept my attention throughout the program.
Natalie Kossak
Independent Fiduciary Services
Very good. Gave me exactly what I wanted. The questions I emailed in were handled thoroughly.
James J. Long
Briggs & Morgan
Insurance Law Advisory Board
Partner
Farella Braun + Martel
Partner
Nelson Levine deLuca & Horst
Counsel
Reed Smith
Partner
Chamberlin, Keaster & Brockman
Counsel
Carter Ledyard & Milburn
Partner
Clyde & Co.
Partner
Barger & Wolen
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