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Supreme Court of Virginia holds that CGL policy does not cover climate change suit

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 16 2011

The Supreme Court of Virginia has ruled that an underlying lawsuit filed against an energy company policyholder alleging losses caused by the policyholder's contributions to global climate change are not potentially covered by a CGL policy, precluding an insurer's duty to defend, because the suit failed to allege an "occurrence."

Meaning of "accident," preservation of pollution exclusion issue are focus of hearing in climate change coverage appeal

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 20 2011

Supreme Court of Virginia justices focused on the role of intent in determining whether an "accident" takes place under commercial general liability (CGL) policies and whether application of the pollution exclusion properly was before them during oral argument held April 19, 2011 in The AES Corporation v. Steadfast Insurance Company (AES), the first coverage suit addressing claims for losses allegedly caused by contributions to global climate change