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

Conducted on Thursday, January 29, 2009

Program Materials

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.

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Outline

  1. Introduction
    1. Areas of potential liability/causes of action
    2. Recent litigation
    3. 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?

Faculty

Erica J. Dominitz
Erica J. Dominitz
Partner
Dickstein Shapiro

She represents corporate policyholders in insurance coverage matters, including those with respect to liabilities...  |  Read More

Theodore A. Howard
Theodore A. Howard
Partner
Wiley Rein

He counsels and represents domestic and international insurers and reinsurers in insurance coverage disputes and...  |  Read More

Ellison, John
John N. Ellison
Partner
Reed Smith

Mr. Ellison’s practice concentrates in the insurance coverage area exclusively on behalf of policyholders. His...  |  Read More

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