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The Debt Ceiling Furor Will Change the Climate of Climate Change Responses

By J. Wylie Donald, Partner, McCarter & English We hope you don't come to this blog for stock tips but it doesn't take John Bogle to know that the debt ceiling impasse and the budget furor do not bode well for renewable energy stocks. Citing the debt crises and oversupply, here is how...

Flooding from Irene: Whither the Flood Plain?

By J. Wylie Donald, Partner, McCarter & English My train this morning usually continues to New York. Today it terminated in Philadelphia, a victim of the deluge delivered by Hurricane Irene. Amtrak explained: Most Northeast Regional service will operate south of Philadelphia, but no Acela Express...

The Sun No Longer Shines on Solar Panel Maker Solyndra Llc - Bankruptcy and the FBI

By J. Wylie Donald , Partner, McCarter & English Well, it was only a matter of time before renewable energy hit the mainstream. By which we mean that the bloom comes off the road as the rubber hits the rose. Yesterday the FBI raided the headquarters of bankrupt Solyndra LLC , which formerly "...

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...

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

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 the disclosures of 88 insurance companies and offer thoughtful...

Plugging in Electric Vehicles May Raise IQs

By J. Wylie Donald, Partner, McCarter & English It's not Gone with the Wind or Harry Potter, but an article just published in the public health journal, Health Affairs , is worth picking up, if only to start you thinking. In Six Climate Change-Related Events In The United States Accounted...

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...

Insuring the Effects from 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...