Looking Forward and Looking Back - Some Climate Change Response Perspectives and Predictions

By J. Wylie Donald, Partner, English & McCarter Another year done, another time to look back and to look forward. In the climate change space, the increasing tempo of regulation was halted, but that does not mean that there were not significant events. We catalog a few with accompanying predictions...

Looking Back to 2010 and Forward to 2011 and Beyond - Perspectives and Predictions on Climate Change

By J. Wylie Donald, Partner, English & McCarter Another year done, another time to look back and to look forward. In the climate change space, the increasing tempo of regulation was halted, but that does not mean that there were not significant events. We catalog a few with accompanying predictions...

Columbia Law School Center for Climate Change Law: Virginia Court to Decide the First Climate Change-Related Insurance Coverage Case

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School On April 19, 2011, the same day the United States Supreme Court heard oral arguments in American Electric Power Co. Inc., et al., v. Connecticut, et al. , the Supreme Court of Virginia heard oral arguments in a less well known...

Marten Law: Virginia Supreme Court to Decide Insurance Coverage for Climate Change Suits--AES Corp. v. Steadfast Insurance Co.

By Steven Jones, Partner, Marten Law PLLC "The Supreme Court of Virginia will soon decide whether a claim for damages alleged to have resulted from climate change is a covered 'occurrence' under standard general liability policies," writes Steven Jones. "The case, AES Corp...

Reaction to the Recent Climate Change Insurance Coverage Decision by the Virginia Supreme Court

By John G. Nevius, Esq., P.E. The September 16 decision in Virginia allowing a subsidiary of Zurich to avoid its duty to defend a climate-change related claim is ironic. On the one hand, anthropogenic links to climate change are the subject of considerable political debate. As I understand it, however...

Marten Law on AES Corp. v. Steadfast Insurance Co. – Virginia Supreme Court Holds That Climate Change Allegations Do Not Trigger Insurer's Duty to Defend

By Steven Jones, Partner, Marten Law PLLC "In a case being closely watched by both insurers and insureds, the Virginia Supreme Court has held that an insurer's duty to defend is not triggered by allegations of damages flowing from intentional actions that the plaintiffs claim resulted in...

McCarter & English on Conflicting Interpretations of “Occurrence”: Lessons From the First Climate Change Liability Insurance Case, AES Corporation v. Steadfast Insurance Company

By J. Wylie Donald, David C. Kane, and Lauren E. Ciancia, McCarter & English, LLP The recent decision in AES Corp. v. Steadfast Insurance Co., in which the Supreme Court of Virginia found no "occurrence" in an underlying suit that alleged property damage resulted from the policyholder's...

Supreme Court of Virginia Once Again Holds That Climate Change Lawsuit Did Not Trigger Duty to Defend by Insurer

RICHMOND, Va. - (Mealey's) An underlying complaint alleges that damages were the "natural and probable consequence" of an insured's intentional actions, the Virginia Supreme Court said April 20, upholding its finding that a commercial general liability insurer has no duty to defend...