Ambiguity in the Air: Why Judicial Interpretation of Insurance Policy Terms Should Force Insurance Companies to Pay for Global Warming Litigation

By Travis S. Hunter113 Penn St. L. Rev 267.

As the United States begins to confront global warming and global climate change, the question remains as to how these regulations will affect society. Presumably, corporations producing greenhouse gases will be sued for breaching carbon emissions statutes set by the EPA, and presumably, someone will have to pay for the significant costs involved with such global warming litigation.

This paper will explore the ambiguity in a D&O pollution exclusion and examine why the insurance companies should foot the costs of global warming litigation in the future  . . . [keep reading]