John A. Lee

All articles by John A. Lee

 

Climate Change Litigation: Where Are the Coverage Suits?

There is an interesting question surrounding the present generation of climate change lawsuits currently working their way through the court system. Specifically, where are the duty to defend actions related to these suits? Background By way of background, there are two types of climate change lawsuits currently working their way through the courts: Those filed by government entities that seek to hold energy companies responsible for the costs that government entities are forced to expend in adapting to climate change,
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NY’s Highest Court Holds “Unavailability Exception” Unavailable for Pro Rata Allocation

Policyholders must pick up the tab for pollution claims in years when insurance was unavailable for those risks, the New York Court of Appeals ruled on March 27, 2018. In the closely-watched case KeySpan Gas East Corp. v. Munich Reinsurance Am., Inc., the first-impression ruling decisively decided the applicability of the “unavailability” rule in policies that mandate pro rata allocation in the context of continuous environmental contamination and other “long-tail” claims implicating many policy periods. Under standard pro-rata allocation, the
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