Climate Change and Insurance: Anticipating Liabilities and Coverage Risks

Description

Litigation related to global climate change is increasing. Lawsuits have been filed across the country, in the District of Columbia, New York, North Carolina, Minnesota, Mississippi, California and Washington—so far; more suits are expected.

Just weeks ago, the president signed into law an energy bill aimed at reducing greenhouse gases.

As companies face potential litigation and EPA regulation, they are turning to their insurers to address the potential liability related to climate change. There is much uncertainty and many questions that insurers and their policyholders should consider now.

Listen as our authoritative panel examines what claims are being filed, insurance coverage issues facing companies and insurers, and how companies and insurers can mitigate risk and liability.

Outline

1. Introduction
   1. Areas of potential liability
   2. Recent litigation causes of action
   3. Impact of Massachusetts v. EPA (U.S. 2007)
   4. Where to seek coverage
2. Coverage issues
   1. Trigger of coverage
   2. Pollution exclusion
   3. BI/PD exclusion
   4. Occurrences involved?
   5. Intended or expected harms
   6. Timing limitations
   7. Allocation of damages to policies
   8. Value assigned to damage
3. Strategies for mitigating risk and liability
   1. For insurers
   2. 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?

CLE Credit

Strafford seminars qualify for CLE credits in every state that accredits teleconferences. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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