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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...

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...

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...