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Article 26 ago 2020
Insurers must consider the D&O implications of climate change
Insurers must balance the income from insuring and investing in fossil fuel projects against the growing reputational and litigation risks.
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Article 13 ago 2020
Allocation: the distinction between liability and damages
One of the key issues in environmental coverage disputes between insurers and policyholders is the question of allocation. The two predominate applications concerning this issue involve determining whether the insurers will be allocated responsibility for payment of a claim on a pro rata basis or on an “all sums” basis.
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Article 30 jul 2020
Could air pollution emerge as the next asbestos?
Historically, difficulties in proving a causal link between air pollution and poor health have kept at bay pollution related claims and governments’ accountability. However, this may be about to change.
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Article 21 jul 2020
Climate change litigation: issues for casualty insurers
London Market casualty insurers are experiencing increased notifications for climate change related tort claims pursued against “Big Oil” defendants in the USA and other jurisdictions. We outline the headline policy coverage issues arising from these claims and whether the experience of other jurisdictions will be replicated in the UK.
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Article 20 jul 2020
Climate-related financial disclosure – the Bank of England report
On 18 June 2020, the Bank of England (the Bank) released its first report regarding its own exposures to climate change-related financial risks and its proposed strategy to manage those risks effectively.
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Article 8 jun 2020
Regulation of automated passenger-only transport services must be sufficiently flexible
The results of Part 2 of the Law Commissions’ joint consultation into the regulation of automated vehicles, “emphasised how uncertain the future has become, and how regulation must be sufficiently flexible to deal with a wide variety of eventualities.”
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Article 8 abr 2020
Are the global financial markets ready to embrace Mark Carney and his Private Finance Agenda for COP26?
In January, Boris Johnson appointed Mark Carney as his Finance Adviser for the purposes of COP26 to “help build a sustainable financial system to support the transition to a net zero economy”.
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Article 7 abr 2020
Environmental Impairment Liability: is the London Market prepared for climate change related claims?
Environmental Impairment Liability (EIL) policies have become a well-established, if somewhat misunderstood, product in the London Market. In this article, we consider whether EIL policies are capable of responding to climate change related risks.
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Article 1 abr 2020
The UK’s environmental policy and legal landscape post-Brexit (April 2020 update)
Boris Johnson’s “oven ready” deal to begin withdrawing the United Kingdom (UK) from the European Union (EU) received royal accent on 23 January 2020, following his success in the December 2019 General Election.
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Article 11 mar 2020
Impact of the Heathrow decision on the construction industry
The Court of Appeal (CoA) has very recently handed down its decision in R (Friends of the Earth) v Secretary of State for Transport and others [27.02.20] halting plans for a third runway at Heathrow Airport.