Biden Admin.'s Climate Strategy Should Include Insurance Innovations

Law360 (May 3, 2021, 5:53 PM EDT) -- As part of its January Executive Order No. 14008,[1] March infrastructure plan[2] and Earth Day pledge[3] to combat climate change, the Biden administration should add insurance innovations to its multipronged strategy.

Although under the McCarren-Ferguson Act, the federal government has left to states virtually all insurance regulation, states have not regulated environmental insurance since 1986, by which time what's known as the pollution exclusion had been added to virtually all regulated policies.

What little climate-related insurance regulation or even discussion there has been is limited to insurance that responds to climate impacts (e.g., floods) versus avoiding such impacts by reducing greenhouse...

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