Scott L. Davis and Tyler J. Scott, Partners at Spencer Fane LLP, explore the rapidly evolving intersection of climate change and the insurance industry. Drawing on recent legal developments and emerging litigation trends, they provide a clear, practical overview of how climate-related risks are reshaping claims, coverage, and long-term exposure across the market.
Key takeaways include:
- Climate-related litigation continues to evolve rapidly, with presenters highlighting several recent court decisions that could significantly reshape the future landscape for both underlying claims and insurance coverage disputes.
- While thousands of climate-related lawsuits have been filed globally, many traditional climate claims are facing increasing legal scrutiny, particularly around causation, jurisdiction, and whether courts are the appropriate venue to address broad societal and environmental issues.
- Recent decisions, including a closely watched Maryland Supreme Court ruling and a pending U.S. Supreme Court review, may prove pivotal in determining whether state-law climate claims can proceed or whether federal law preempts many of these actions.
- From an insurance perspective, coverage issues remain front and center. The discussion explores the implications for general liability, pollution liability, D&O, marine, and legacy insurance programs, as well as the continuing importance of defense-cost exposure even where indemnity risks may be reduced.
- Beyond traditional climate suits, new theories of liability are emerging, including coastal erosion claims, plastics-related litigation, shareholder activism, and novel attempts to shift climate-related costs through the insurance ecosystem.
- The presenters’ outlook: there is a meaningful possibility that traditional climate litigation could narrow in the coming years, but new legal theories and evolving claims activity suggest that climate-related risk will remain a key issue for insurers and reinsurers.
Watch the full session to hear the detailed analysis of the latest climate litigation trends, landmark court decisions, and what they could mean for future insurance and reinsurance exposures. Available now on AIRROC On-Demand!
