Climate litigation against companies is increasing and the stakes are getting higher. Last year saw more headline-making claims being brought against corporations and a slew of important decisions from courts in...more
2/5/2024
/ Asbestos ,
Clean Air Act ,
Climate Change ,
Environmental Litigation ,
Fossil Fuel ,
Insurance Industry ,
Jurisdiction ,
Liability Insurance ,
Misrepresentation ,
Motion to Dismiss ,
Oil & Gas ,
Popular
After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more
4/27/2022
/ Appellate Courts ,
Carbon Emissions ,
Climate Change ,
Energy Sector ,
Federal Jurisdiction ,
Greenhouse Gas Emissions ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Oil & Gas ,
State and Local Government ,
State Courts ,
Venue
When Minnesota's Attorney General Keith Ellison announced in June 2020 that his office had filed a climate change lawsuit, the litigation strategy he described was relatively novel for a climate change case.
Rather than...more
1/7/2022
/ American Petroleum Institute ,
Appeals ,
Climate Change ,
Consumer Fraud ,
Environmental Litigation ,
Exxon Mobil ,
False Statements ,
Federal Rule 12(b)(6) ,
Fossil Fuel ,
Oil & Gas ,
Remand ,
Restitution ,
Stays ,
Unfair or Deceptive Trade Practices
On 15 January 2021 the UK Supreme Court handed down its highly anticipated judgment in the FCA Test Case. The COVID-19 pandemic has forced the UK Government to introduce public health measures which have resulted in...more
1/27/2021
/ Business Interruption ,
Business Losses ,
Causation ,
Coronavirus/COVID-19 ,
Financial Conduct Authority (FCA) ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Insurance ,
UK ,
UK Supreme Court
In January, the US Supreme Court will hear arguments in one of the lawsuits filed against oil and gas companies for their alleged contribution to climate change. The Court’s ruling will likely have a significant impact on how...more
This article follows on from a series of previous articles seeking to address climate change litigation in the context of insurance and reinsurance. Three different, but important, decisions in December 2019 have once again...more
1/30/2020
/ Carbon Emissions ,
Civil Liability ,
Climate Change ,
Commission on Human Rights ,
Criminal Liability ,
Environmental Litigation ,
Environmental Policies ,
European Convention on Human Rights ,
Exxon Mobil ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Martin Act ,
Natural Disasters ,
Oil & Gas ,
Philippines ,
Policy Terms ,
Reinsurance ,
Risk Management ,
Severe Weather ,
Supreme Court of the Netherlands ,
Underwriting
Over the past decade, as commercial property insurance rates softened, so too have terms and conditions. In some instances, attempts to broaden coverage have also had the effect of diluting the clarity and consistency of...more
1/17/2020
/ Business Interruption ,
Catastrophic Events ,
Commercial General Liability Policies ,
Denial of Insurance Coverage ,
Dispute Resolution Clauses ,
Insurance Brokers ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Insurance Rates ,
Jurisdiction ,
Non-Disclosure Agreement ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Property Owners ,
Property Valuation ,
Terms and Conditions
This is the fifth of six articles addressing climate change lawsuits in the context of (re)insurance.
In previous articles in this series, we have discussed the litigation risks faced by liability insurers as a result of...more
Zelle LLP invites you to join us for a week of webinars featuring insurance topics that are of critical importance to adjusters and insurance professionals. This series will cover managing insurance claims in the wake of...more
6/19/2019
/ Appraisal ,
Business Interruption ,
Climate Change ,
Commercial Insurance Policies ,
Continuing Education ,
Flooding ,
Fraud ,
Hurricane Season ,
Insurance Agents ,
Insurance Brokers ,
Insurance Claims ,
Insurance Fraud ,
Insurance Industry ,
Natural Disasters ,
Property Damage ,
Property Insurance ,
Reinsurance ,
Webinars
This is the third of five articles addressing climate change lawsuits in the context of (re)insurance.
Following on from our previous article which highlighted the developing and varying body of climate change cases...more
This is the second of five articles addressing climate change lawsuits in the context of (re)insurance. Read the first article, discussing how liability insurers can respond proactively to climate change claims.
Much of...more
This is the first of five articles that address climate change lawsuits in the context of (re)insurance. This article reviews the recent U.S. and foreign climate change lawsuits and offers suggestions to liability...more
With the Arrival of Hurricane Harvey, Insurers Should Keep in Mind the Following Texas Insurance Code Claim-Handling Guidelines...more
The LatAm Gateway Summit will focus on Latin American insurance and reinsurance issues. The economic climate, claims, underwriting, and opportunities unique to Latin America will be explored. Insurers, reinsurers, risk...more
Some terms frequently found in (re)insurance contracts and statutes have different meanings in common law, English-speaking jurisdictions than they do in civil law, Spanish-speaking countries. It is critical for (re)insurers...more
In large, complex coverage disputes, it is common for international insurers and reinsurers based in a common law jurisdiction to get involved in the adjustment and dispute resolution of claims subject to the laws of civil...more
Brazil, the largest South American economy, has been an important market for international insurers and reinsurers for many years. At the same time, Brazil presents major property risks for underwriters. Companies covering...more
Latin America presents excellent opportunities for the global (re)insurance industry. But, there are a number of important considerations for insurance and reinsurance companies underwriting risks in the region. This article...more
Originally published in Insurance Law360 on February 21, 2013.
Geomagnetic storms present a unique risk to power grids, power grid customers and insurers. The modern world, and particularly the East Coast of the U.S., is...more