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 webinar with Q&A
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.
- 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
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?
Erica J. Dominitz
She represents corporate policyholders in insurance coverage matters, including those with respect to liabilities... | Read More
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.Close
Theodore A. Howard
He counsels and represents domestic and international insurers and reinsurers in insurance coverage disputes and... | Read More
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.Close
John N. Ellison
Mr. Ellison’s practice concentrates in the insurance coverage area exclusively on behalf of policyholders. His... | Read More
Mr. Ellison’s practice concentrates in the insurance coverage area exclusively on behalf of policyholders. His clients range from Fortune 50 companies to small closely held companies. Mr. Ellison has a wide variety of experience in the insurance coverage field. He is also co-lead counsel for many of the world's large financial institutions regarding mortgage crisis-related insurance issues. He has also handled claims under D&O policies, fidelity bonds, first-party property policies and other liability insurance products, as well as prosecuting successfully bad faith claims against many of the large insurance organizations. Mr. Ellison has successfully obtained recoveries for environmental liabilities, asbestos related claims and other toxic torts. In addition, he also regularly counsels his clients on insurance-related issues, spanning from structuring insurance programs to reviewing policy wording and related documentation. In addition to his active practice on behalf of policyholders, Mr. Ellison regularly lectures around the world on insurance coverage topics and has published numerous articles in national journals and periodicals.Close
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