Bloomberg BNA’s expert authors analyze the results of the AES Corporation v. Steadfast Insurance Company Supreme Court of Virginia ruling --- that an insurer has no duty to defend a utility company against lawsuits alleging property damage resulting from greenhouse gases.
Price: $25 PDF
By Christina M. Carroll and Christopher Baker (May 14, 2012)
On a petition for rehearing, the Supreme Court of Virginia once again held that an insurer has no duty to defend a utility company against a lawsuit alleging property damage resulting from greenhouse gases (GHGs) emitted in the regular course of business. In AES Corporation v. Steadfast Insurance Company, the court arrived at the same conclusion it did last fall, holding that the underlying climate change liability claims did not constitute an “occurrence” under AES's commercial general liability (CGL) policy. The court concluded that there can be no “occurrence” giving rise to coverage where the underlying complaint alleges that AES intentionally emitted GHGs and the “natural and probable consequence of such emissions is global warming and damages such as Kivalina suffered.” Given the court had granted rehearing and the composition of the court had changed, some had predicted a drastically different outcome. But only the concurrence, which questioned whether there can ever be CGL coverage for negligence in Virginia, changed significantly on rehearing. Because the court again decided the case on the occurrence issue, the court did not reach the issue of whether the pollution exclusion might apply in this context.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)