Case Note: State of Connecticut v. Amer. Electric Power Co., 582 F.3d 309 (2d Cir. 2009)
Green Light for Global Warming Suits Against Power Plants Could Have a Big ImpactMReBA Cover Notes
May 6, 2010
Seth Jackson authored a case note, titled "State of Connecticut v. Amer. Electric Power Co., 582 F.3d 309 (2d Cir. 2009) Green Light for Global Warming Suits Against Power Plants Could Have a Big Impact" for the Summer 2010 issue of the Massachusetts Reinsurance Bar Association's newsletter MReBA Cover Notes.
The case note discusses a recent ruling by the U.S. Court of Appeals for the Second Circuit that public nuisance claims arising from global warming could be brought against power plants. This decision may have a large impact on insurance and reinsurance in years to come. Specifically, if underlying lawsuits are permitted to proceed—following the Second Circuit decision—defendants will almost certainly argue that they have insurance for these actions. Although traditional coverage requirements and exclusions suggest that there should not be coverage for such claims, this will not prevent coverage litigation.
To view the article in full, please click here.
