LexisNexis® Legal Newsroom
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...

Environmental Citizen Groups Have No Standing to Challenge Climate Change Impacts of Federal Actions

By Gabrielle Sigel, Partner, Jenner & Block Two U.S. district courts recently issued separate decisions rejecting environmental groups' challenges to federal actions based on alleged climate change injuries. In both cases, using the same legal test, the courts found that the environmental...

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...

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...