• Insurance Coverage For Climate Change Cases After AES Corp. v. Steadfast Ins. Co.
  • October 6, 2011
  • Law Firm: Hunton Williams LLP - Richmond Office
  • On September 16, 2011, the Commonwealth of Virginia became the first state to have its highest court decide a global warming insurance coverage lawsuit. The Supreme Court of Virginia found in favor of the insurer, concluding that a lawsuit alleging causally attenuated, if not altogether speculative, damages caused by climate change did not constitute an “occurrence” under the policyholder’s contracts for commercial general liability insurance. According to the court, the alleged damages, which were allegedly caused by the policyholder’s emission of greenhouse gases thousands of miles away from the damaged property, somehow were “reasonably foreseeable” to the policyholder.