Sunday, July 25, 2010

Insurances expect increase in climate litigation cases and first successes by 2015

survey in 2009 of legal and insurance experts
about sentiment of increase of legal claims
directly related to climate change by 2020
In an early 2010 report covering the results of a survey interrogating insurance specialists, the lawyer and Climate Justice activist Peter Roderick comes to the conclusion: “These results clearly suggest that the possibility of an increase in legal actions as a result of direct climate damage is real.” 

The study also assesses whether insurance companies regard the five major legal obstacles as surmountable in time (which is the case) and how insurance companies should react to the risk of litigation. The majority of participants to the survey expect the first lawsuits to be successful before the end of 2015. “Public nuisance, negligence and private nuisance are considered the most promising tracks for damages cases by survey participants.”

The report sees legal possibilities in “the US, other common law countries (such as the UK, Canada and Australia), European civil law countries (such as France and Germany), and developing countries where damage is suffered or threatened. The legal issues that arise will differ between, and amongst, these groups.”

More on this topic at www.climate-mainstreaming.net/litrisk.pdf.

Update: Possible threats for insurance companies explained here

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