McKenna Long & Aldridge LLP Attorneys Publish Book on Climate Change and Insurance

WASHINGTON, DC (November 26, 2012) —  McKenna Long & Aldridge LLP (MLA) partners Christina Carroll, J. Randolph Evans, and Joanne Zimolzak along with co-author Lindene Patton, Chief Climate Product Officer at Zurich Insurance Group, announce the publication of their book, Climate Change and Insurance.  Published by the American Bar Association’s Tort Trial and Insurance Practice Section, Climate Change and Insurance assesses key judicial, regulatory, and legislative developments in the climate change arena and related areas such as green building, greenwashing, and alternative energy.  The authors also address potential implications for insurers such as claims liability and enterprise liability.

“Climate change has become a significant issue in scientific, political, and legal circles, and this may have profound implications for the insurance industry,” said J. Randolph Evans, chair of MLA’s Financial Institutions practice.  “This book will serve as a useful treatise on climate change issues for insurers, as well as in-house counsel for other corporations and practitioners in the insurance and environmental fields.”

Climate Change and Insurance delves into the issues surrounding both current and emerging legal aspects associated with climate change.  The book extensively covers numerous pertinent topics, including:

  • An overview of climate change and insurance issues
  • Background on climate change, global warming, and greenhouse gases
  • Climate change as an emerging risk
  • Greenhouse gas-related regulation
  • Existing and emerging climate change-related litigation
  • Related issues such as sustainability, greenwashing, and green building
  • The intersection of climate change and insurance
  • Implications for commercial general liability, directors and officers, environmental liability, professional liability, and renewable energy-related policies
  • Potential claims liability and potential exposure drivers

“This book is an engrossing and comprehensive investigation into climate change litigation, policy, and regulation – or lack thereof – and their intersection with insurance,” said Walter R. Stahel, Head, Risk Management Research Programme, and Meghan Orie, Researcher, both of the Geneva Association.  “Whether stakeholders succeed in achieving mega-tort recoveries remains to be seen, but in any case, insurers risk spending substantial sums on their legal defense and should seriously consider mitigating climate change exposure.”

The authors of Climate Change and Insurance have diverse litigation and counseling practices. 

Ms. Carroll’s practice focuses primarily on complex litigation, including insurance coverage and bad faith, environmental, toxic tort, and federal preemption litigation.  She combines her environmental and scientific background with her insight in insurance-related law in developing strategies for monitoring and addressing climate change, hydraulic fracturing, green building, greenwashing, and other emerging risks.

Mr. Evans handles high profile, complex litigation matters in state and federal courts throughout the United States for some of the largest companies in the world.  Mr. Evans advises insurers and other clients with respect to the emerging risk of climate change. 

Ms. Zimolzak’s practice is focused on business litigation relating to commercial and government contracts.  In the insurance area, she routinely handles high stakes insurance coverage and bad faith matters.  She also advises clients across a broad range of industries about complex exposures, new product development, and compliance issues associated with the emerging risk of climate change.