Climate litigation risk: the limits of insurance and tort law

Naidoo, L. (2024) Climate litigation risk: the limits of insurance and tort law. In: Soyer, B. and Özlem, G. (eds.) Insurability of Emerging Risks: Law, Theory and Practice. Hart Publishing. ISBN 9781509978717 (In Press)

Abstract

Climate change is a global issue which has been bolstered by legal and regulatory commitments from governments and corporates. Allied to that, is climate litigation which is a burgeoning area of litigation and scholarship. As an emerging risk for insurers, climate litigation remains an uncertain risk due to the absence of case law specifically addressing the insurance implications. This chapter examines the extent to which existing insurance and tort law doctrines and principles can accommodate climate litigation risks. In doing so, it asks whether the tort and insurance law planes chaff against each other or disrupt existing understandings within the independent silos of insurance and tort law. In answering this question, it further investigates whether climate litigation risk presents novel considerations for the intersection between liability in tort law and liability insurance. Ultimately looking at the intersection of tort, insurance, and climate litigation, this chapter asks how should insurance law and practice develop to balance the value of liability insurance as a product against regulatory efforts?

• Item Type: Book Sections
• Additional Information: eISBN: 9781509978724
• Status: In Press
• Glasgow Author(s) Enlighten ID: Naidoo, Dr Livashnee
• Authors: Naidoo, L.
• College/School: College of Social Sciences > School of Law
• Publisher: Hart Publishing
• ISBN: 9781509978717

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