What's Old Is New Again: Anticipating And Defeating Insurer Coverage "Defenses" For Climate Change Litigation

In Short

The Situation: Commercial policyholders are increasingly being targeted by climate change lawsuits alleging that greenhouse gas emissions from their normal operations—and the alleged failure to take preventative action—have caused property damage, nuisance, and bodily injury liabilities.

The Result: In response, certain insurance companies have attempted to resurrect coverage "defenses" to climate change litigation that have been repeatedly rejected in other contexts and remain contrary to legal precedent.

Looking Ahead: Commercial policyholders should be skeptical of such insurer posturing and not overlook their liability insurance programs when faced with climate change litigation, which may provide valuable defense and indemnification coverage for such exposures.