Law360 (June 29, 2010, 10:58 AM EDT) -- Several types of climate change-related litigation are emerging or may soon emerge that could result in potential claims liability for an insurer:
(1) nuisance and other tort claims, as in Connecticut v. AEP, 582 F.3d 309 (2d Cir. 2009); Comer v. Murphy Oil USA Inc., No. 07-60756, 2010 WL 2136658 (5th Cir. May 28, 2010); and Kivalina v. ExxonMobil, 663 F. Supp. 2d 863 (N.D. Cal. Sept. 30, 2009) (on appeal);
(2) products liability claims alleging that products, such as cars and other products that emit greenhouse gases, are defective as designed;
(3) natural resource damage claims based on Comprehensive Environmental...
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