On the day of this historic election I should attempt to link insurance to some great electoral issue, but I cannot.  Instead you will have to just slog through with me some of the import of the first climate-change insurance coverage case:  Steadfast Ins. Co. v. The AES Corp., Case No. 2008-858 (Cir. Ct. Arlington Cty., Va.). This case arises out of the climate change nuisance case, Native Village of Kivalina v. ExxonMobil Corp., CV 08-1138 SBA (N.D. Cal.).  In Kivalina, claimants asserted that greenhouse gas emissions resulted in warmer winters, which lead to melting of s...

By Rebecca Brenia, McCarter & English, Hartford   No matter the outcome, today’s election is likely to bring about a dramatic shift in climate change policy within the federal executive branch.  Senators John McCain and Barack Obama both support policies to bring about a significant reduction in greenhouse gas emissions over the coming decades.  The candidates’ positions with respect to climate change are quite similar, with different tactical approaches in certain areas.   The candidates both support a mandatory, economy-wide cap-and-trade program to dramatically r...