Climate Change and Insurance: Recent Litigation and Regulatory Developments

Navigating the Impact of Climate Change on Coverage Issues, Green Insurance, Supply Chains and More

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, April 25, 2013
Recorded event now available


This CLE webinar will provide insurance counsel a review of claims over climate change losses and discuss the latest developments in federal and state statutory and regulatory initiatives impacting natural disaster losses due to climate change. The panel will explain specific insurance coverage issues attendant with climate change losses.

Description

The legal, scientific and political focus on climate policy, particularly since recent extreme weather events, has a profound impact on insurance coverage and claims. Practitioners must understand the evolution of climate change liability cases to fully assess the insurance risk.

The Virginia Supreme Court issued the first climate change coverage ruling in AES Corp. v. Steadfast Ins. Co. in May 2012. Our panel will examine and outline the issues that the court addressed in AES—and those the court did not address.

There is continuing uncertainty, increasing complexity and a wide variety of coverage-related questions on climate change facing insurers and policyholders. Counsel requires an in depth assessment of this emerging risk and the future of climate change litigation.

Listen as our authoritative panel of practitioners examines the types of claims filed over climate change losses, recent statutory and regulatory developments, insurance coverage issues for both policyholders and insurers, and other key ramifications of climate change for insurance coverage.

Outline

  1. Climate change and insurance overview
  2. Climate change-related tort litigation background and update
    1. Kivalina v. ExxonMobil (Supreme Court petition), Comer v. Murphy Oil (return to Fifth Circuit)
    2. Causes of action/defenses
  3. Climate change coverage cases — background
    1. AES Corp. v. Steadfast Ins. Co. (Va. 2012)
    2. What was decided and what questions were left for another day — occurrence, expected and intended, pollution exclusion
  4. Recent statutory and regulatory developments
    1. Who is EPA regulating?
    2. National Flood Insurance Program reforms
    3. FEMA rules on rebuilding after extreme weather events
    4. Local rules on rebuilding after extreme weather events
    5. Insurability of property on coastlines, other areas impacted by climate change
  5. Potential types of claims and insurance coverage issues
    1. Types of claims
      1. CGL
      2. Property/business interruption
      3. D&O
      4. E&O
      5. Political risk
    2. Coverage issues — examples
      1. Pollution exclusion
      2. Occurrence
      3. Wind/flood/anti-concurrent causation
  6. New products – examples
    1. Renewable energy
    2. D&O extension
    3. Green building replacement

Benefits

The panel will review these and other key questions:

  • What types of insurance could be involved in climate change-related claims?
  • What is the status of climate change-related tort litigation?
  • Aside from the question of liability for climate change-related torts, what are some of the other insurance and climate change-related concerns for companies?
  • What coverage issues did the Virginia Supreme Court address in the AES Corp. v. Steadfast Ins. Co. case and which questions were left for another day?
  • What is the relevance of the pollution exclusion in this context?
  • What new products are available?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Christina M. Carroll, Partner
McKenna Long & Aldridge, Washington, D.C.

She is co-chair of MLA’s firm-wide Climate, Energy, and Sustainability Initiative.  She focuses on complex litigation, including insurance, toxic tort, environmental and commercial litigation. She represents insurers in coverage and bad faith disputes and counsels them on emerging risks including the risks and opportunities associated with climate change, hydraulic fracturing, and greenwashing. She represents regulated businesses and government contractors facing property damage, NRD and CERCLA claims.  She is a co-author of Climate Change and Insurance published by the ABA.

J. Wylie Donald, Partner
McCarter & English, Wilmington, Del.

He counsels and litigates for clients on insurance coverage, environmental and products liability matters.  He is also a member of the firm's Environmental Group and he chairs the firm's Climate Change and Renewable Energy Practice. His article, Climate Change and the D&O Pollution Exclusion, is one of the first to extrapolate climate change legal impacts outside of the regulatory area.


Recordings

CLE On-Demand - Streaming Audio

Includes recorded streaming audio of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Audio $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

How does this work?


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

I appreciated the programs focused subject matter and that the speakers did not try to cover too much.

Ernest Williams

Stoll Keenon Ogden

The presenters were lucid, articulate, and informative. The seminar exceeded my expectations.

Irvin Slate

Slate Law Office

The webinar was informative on the current issues.

Lauren Bernstein

Kaye Scholer

Cutting edge information from people who are in the field.

John McGowan

Donahue Tucker & Ciandella

Strafford webinars are consistently the best organized CLE programs with great content.

Chloe Hecht

Ladas & Parry

or call 1-800-926-7926

Insurance Law Advisory Board

John Broghammer

Partner

Greve Clifford Wengel & Paras

Tred Eyerly

Of Counsel

Damon Key Leong Kupchak Hastert

John D. Green

Partner

Farella Braun + Martel

Alan P. Jacobus

Proprietor

Law Offices of Alan Palmer Jacobus

William E. Kelley, Jr.

Atty

Drewry Simmons Vornehm

William O. Krekstein

Partner

Timoney Knox

Jay M. Levin

Counsel

Reed Smith

Peter J. Mintzer

Partner

Selman Breitman

Barry S. Neuman

Partner

Whiteford Taylor Preston

Andrew G. Wanger

Partner

Clyde & Co.

Britton D. Weimer

Partner

Jones Satre & Weimer

Sandra I. Weishart

Partner

Hinshaw & Culbertson

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.