Like many issues before it, global warming has begun to cross over from the public policy arena into litigation. In the last few years, a wide range of plaintiffs have brought actions against an even wider range of defendants. More suits are sure to follow as courts grow more receptive to these novel claims and global warming remains in the public consciousness.
As with any new category of lawsuits, global warming litigation raises the question of whether corporate liability insurance will cover the losses — defense costs, settlements, damages and so forth. A review of the potentially applicable policies — for example, general liability, directors and officers liability, errors and omissions liability, and first-party property — demonstrates that the answer is “yes.” Why should this one kind of litigation be barred from coverage when the general rule is that companies’ liabilities arising from normal business operations are covered?
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