Insurance Coverage for Global Warming Liabilities

An article by Pittsburgh partner John Sylvester and associate Jim Malloy examines some of the insurance coverage issues arising from global warming claims asserted against industrial companies that have allegedly emitted greenhouse gases in the course of their business operations.

The article "Insurance Coverage for Global Warming Liability Claims," appears in a recent issue of the Tort Trial & Insurance Practice Journal and observes that the global warming debate recently has entered the courtroom with potentially costly consequences to corporate defendants.

John and Jim’s article discusses the coverage issues that policyholders face in seeking general liability insurance for defense costs and potential liabilities that may result from global warming claims. These issues include those relating to the duty to defend, timely notice to insurers, the trigger of coverage, the nature of the relief sought by the claimants, the so-called "expected-intended" defense asserted by insurers and the applicability of the pollution exclusion, among others. The article recommends that corporate defendants review their current and historical liability policies to analyze the prospects for insurance coverage for these claims.

To read the full article, click here.

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