LexisNexis® Legal Newsroom
Michael Cohen of Renaissance Re on Climate Change-Related Legislative Challenges & Proposals

Michael Cohen, Vice President, Government Affairs, Renaissance Reinsurance, was on the faculty of the Reinsurance Outlook 2010 seminar produced earlier this year by HB Litigation Conferences. During a session on climate change, Cohen shared his insights into the political challenges and hurdles that...

Lew Rothstein of WeatherPredict on Climate Change

Lew Rothstein, Ph.D., principal scientist with WeatherPredict Consulting, was on the faculty of “Reinsurance Outlook 2010,” a seminar produced earlier this year by HB Litigation Conferences. During a session on climate change, shared his views on our role in climate change, how to judge the...

Lew Rothstein of WeatherPredict on Sea-Level Rise

Lew Rothstein, Ph.D., principal scientist with WeatherPredict Consulting was on the faculty of “Reinsurance Outlook 2010,” a seminar produced earlier this year by HB Litigation Conferences. During a session on climate change, he gave a primer on the causes and impact of global sea-level rise...

Why Al Gore and the IPCC ‘Got It Wrong’ on Global Warming

Lew Rothstein, Ph.D., principal scientist with WeatherPredict Consulting was on the faculty of “Reinsurance Outlook 2010,” a seminar produced earlier this year by HB Litigation Conferences. During a session on climate change, Rothstein talked about why the Intergovernmental Panel on Climate...

Earth Day and the LexisNexis Insurance Law Community

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...

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...

Ceres and a Series of Serious Thoughts about the NAIC Climate Disclosures - Part I

By J. Wylie Donald, Partner, McCarter & English Ceres released last month the first analysis of the insurer climate change disclosures submitted to state regulators pursuant to the National Association of Insurance Commissioners rule. The report is eye-opening. The authors have combed through...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part II

By J. Wylie Donald, Partner, McCarter & English We wrote yesterday to introduce Ceres' report on the disclosure of climate risks by insurers and considered its first Recommendation to Regulators concerning mandatory and public disclosures. We address today the second recommendation in Climate...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part III

By J. Wylie Donald, Partner, McCarter & English This is the last of three parts concerning Ceres' recently released Climate Risk Disclosures by Insurers: Evaluating Insurer Responses to the NAIC Climate Disclosure Survey . We already have looked at the first two Recommendations to Regulators...

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...

McCarter and English LLP on the Virginia Court’s Narrow Reading of “Proximate Cause” Allegations in a Complaint Is Contradicted by a California Court’s Reading of the Same Complaint

By Adam J. Budesheim, Associate, McCarter & English, LLP In AES Corp. v. Steadfast Insurance Co. , 725 S.E.2d 532 (Va. 2012), the Supreme Court of Virginia became the first ultimate appellate court to rule on whether general liability policies cover global warming injuries. The Virginia court...

Even if You Can't Insure the End of Days, You Can Insure Some of the Effects of Climate Change

By J. Wylie Donald, Partner, McCarter & English December 22 was to be the day the world ended. But it didn't . The spin put by some on the Mayan calendar didn't pan out and the world continued. Here in Baltimore we didn't buy into the predictions, but just in case, we went looking...

California Insurance Commissioner Applauds Ceres for Insurer Climate Change Survey Report

California Insurance Commissioner Dave Jones has applauded Ceres for releasing its report, Insurer Climate Risk Disclosure Survey: 2012 Findings & Recommendations, which analyzes responses to the Climate Risk Disclosure Survey administered by California, New York, and Washington. "Ceres'...

Climate Change: A New Era of Old Challenges for the Insurance Industry

By James J. Wrynn and Patrick B. Omilian, Attorneys, Goldberg Segalla LLP Are insurers prepared for climate change? A recent report says no, making major news in the insurance industry, and drawing attention to the economic impacts of global warming. Changing weather patterns, increased intensity...

Agencies Issue Statement on Increased Maximum Flood Insurance Coverage for Other Residential Buildings

The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Farm Credit Administration, the National Credit Union Administration, and the Federal Deposit Insurance Corporation (collectively, the Agencies), recently issued an announcement regarding the implementation...

Farmers Insurance Withdraws Class Action Alleging Failure to Adapt to Climate Change

On June 3, 2013, a group of lawsuits that generated significant interest among environmental lawyers were abruptly withdrawn .[1] The cases notably alleged a novel theory of liability and duty of care regarding climate change projections. In Illinois Farmers Insurance Co. v. Metro Water Reclamation District...

Super Models Are Looking Better Than Ever - What Does That Mean For Insureds?

By J. Wylie Donald A recent article in Best’s Review , The Rise of the Super Models, by Kate Smith (not Kate Upton, sorry), caught our eye. A lot is going on in the world of computer catastrophe modeling. First, demand by insurers and reinsurers is up and modeling firms are “broadening...

Legal Tools for Climate Adaptation Advocacy: Flood Insurance

Flooding is the most common and costly form of nature’s wrath, and its costs are likely to rise as the climate changes and sea levels rise. The federal government has attempted to address flooding through an insurance program aimed at effectively providing relief to those whose property is damaged...