Earth Day and the LexisNexis Insurance Law Community

Earth Day

In celebration of Earth Day, Friday April 22, we invite our Community to access the following insurance resources related to the environment: 

1.   Environmental Insurance – New Appleman on Insurance Law Library Edition, Chapter 27
By Robyn L. Anderson, Kimberly K. Winter, Jessica E. Merrigan, and Carly D. Duvall, Lathrop & Gage LLP.
With climate change, weather-related catastrophes, energy shortfalls, and a historically large oil spill in the Gulf of Mexico, it is no surprise that businesses and individuals are rapidly and collectively joining in a resurgence of environmentalism. Chapter 27 includes
§ 27.04 The Emergence of "Green Insurance".

2.   New Jersey Insurance Litigation, 5.21-5.24 Environmental Coverage Insurance Coverage
Chapter 5: Commercial Lines: Worker's Compensation, First Party, Employee Fidelity, Environmental and Additional Insured Coverage of the LexisNexis Practice Guide New Jersey Insurance Litigation includes Part V: Understanding Environmental Coverage Insurance Coverage. Distilling over 20 years of experience from two distinguished New Jersey insurance law practitioners Robert B. Hille and Mark Vespole, the LexisNexis Practice Guide New Jersey Insurance Litigation is a reliable roadmap through the complex and multi-faceted practice area of insurance law that combines how-to practice guidance, 49 task-oriented checklists, 120 strategic points, warnings, timing tips to prevent practice missteps, and cross-references to specific state and federal legislation, case law, and sources detailing the features of, and requirements for, insurance coverage in New Jersey. Download a free copy of Part V: Understanding Environmental Coverage Insurance Coverage.

3.   Marten Law Group on Great Expectations: President-Elect Obama’s Environmental and Energy Policies
In his acceptance speech in Grant Park on Nov. 4, President-elect Obama spoke of a “planet in peril.” As a candidate, he promised to combat global warming and to reduce the country’s dependence on foreign oil. Obama tied energy issues to our national security and economic recovery. He said he would act quickly to put in place policies...

4.   Wiley Rein LLP on General and Professional Liability Coverage for "Global Warming Claims"
Recent commentaries by policyholder advocates suggest that general and professional liability insurers soon will face an explosion of insurance coverage litigation from corporate policyholders seeking coverage for “global warming” liabilities. However, in light of current global warming claims and the coverage issues implicated by such claims...

5.   Sallie Kraus on Insurance Implications of Climate Change: Tornadoes are not Just in Kansas Anymore--a Discussion on Whether Severe Storms are a Harbinger of Climate Change and How the Insurance Industry can Respond
We may think of tornadoes as a phenomenon limited to the Midwestern Plains as in the “Wizard of Oz,” but this year they have cut a swath from Texas to Virginia. The spate of severe spring tornadoes in the US, coupled with forecasts of an active hurricane North Atlantic season this year have made weather an even more popular topic of conversation...

6.   James Davis and Andrea Yassemedis on Insurance Coverage for Global Warming Litigation
In its 2007 decision Massachusetts v. EPA, the Supreme Court legally recognized global warming as “the most pressing environmental challenge of our time” and held that certain plaintiffs may have standing to sue for damages due to global warming. As the number of suits alleging damages due to climate change threatens to explode, businesses...

7.   Jenner & Block: 2009 Climate Change Year in Review: Building Foundations for Change or Just Castles in the Sand?
In this Emerging Issues commentary, Gabrielle Sigel and Jennifer L. Cassel of Jenner & Block discuss climate change developments in the year 2009. This recap includes regulatory, legislative, litigation and international developments. Some highlights include the EPA's proposed regulation of GHG emissions under the CAA, the Congressional attempts...

8.   5th Circuit Agrees To En Banc Review Of Climate Change Ruling
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 26 agreed to rehear en banc a panel decision holding that residents have standing to sue the coal, petroleum and chemical industries for property damage resulting from Hurricane Katrina because the companies' alleged contributions to climate change are compensable under theories of nuisance...

9.   Can Insurance Instruments Help With Risk Reduction From Climatic Hazards?
At COP15, the Munich Climate Insurance Initiative (MCII) urged negotiators to adopt insurance instruments as part of the climate change adaptation strategy within the Copenhagen agreement. Although insurance is generally regarded as a way to meet the costs and consequences of disaster, MCII explains that it is possible to link insurance with incentives...

10.   Max H. Stern and Jessica E. La Londe of Duane Morris LLP on “Keep it Cool: Potential Coverage Defenses to ‘Global Warming’ Lawsuits”
In their article Keep it Cool: Potential Coverage Defenses to “Global Warming” Lawsuits, appearing in the July/August 2009 issue of Coverage, Max H. Stern and Jessica E. La Londe discuss several potential coverage defenses to global warming liability claims. Specifically these are claims by corporate insureds that their insurance policies...

11.   Mark S. Hersh on Coverage for Global Warming Risks Under D&O Policies
Global warming, or climate change, now figures prominently on the national and international agenda. For many companies, global warming also represents a new risk management issue. Not only are there financial and other business risks associated with global warming, the risk of legal claims undoubtedly will continue to rise with the earth’s temperature...

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A Green Earth