Toby Vallance

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Articles

Insurers succeed in pollution exclusion defence in Hawaiian climate litigation

Oct 14, 2024 | lexology.com | Toby Vallance |Duncan Strachan

OverviewAloha Petroleum Limited v National Union Fire Insurance Company of Pittsburgh and American Home Assurance CompanyIn the first judgment of its kind to consider policy coverage in the context of climate change litigation, Hawaii's Supreme Court has ruled that greenhouse gas (GHG) emissions are a 'pollutant' within the scope of the pollution exclusion in a commercial general liability policy.
Insurers succeed in pollution exclusion defence in Hawaiian climate litigation

Oct 14, 2024 | dacbeachcroft.com | Toby Vallance |Duncan Strachan

In the first judgment of its kind to consider policy coverage in the context of climate change litigation, Hawaii's Supreme Court has ruled that greenhouse gas (GHG) emissions are a 'pollutant' within the scope of the pollution exclusion in a commercial general liability policy. The court also found that reckless conduct falls within the meaning of the word 'accident' for the purposes of policy coverage.
Broader and deeper: developments in climate change litigation in the first half of 2024

Jun 11, 2024 | dacbeachcroft.com | Simon Konsta |Toby Vallance

It has been a busy year already for climate change decisions. Among them are four of the top twenty cases covered in our map, dealing with greenwashing, judicial review of government obligations and the individual right to effective protection by state authorities from the serious adverse effects of climate change on life, health and well-being. As our map only covers active cases, this leaves us with four spaces to fill.
Climate activists turn up the heat in 2024

May 20, 2024 | insuranceday.com | Toby Vallance

Opinion Litigation remains the most significant tool for climate activists Already a subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day? Buy a subscription for unlimited access to news, interviews, analysis and much more.
Risk - A new litigation landscape?

Mar 7, 2024 | thejournal.cii.co.uk | Toby Vallance

Toby Vallance and Duncan Strachan provide an update on key risks and cases upcoming in 2024. Among the key themes on the insurance risk radar for the year ahead, climate change and geopolitical risks have some of the most significant ramifications. Each has the potential to create a wholly different landscape of new litigation risks and wide-reaching exposures for the insurance market.
Climate change litigation and the common law: The Supreme Court decision in Smith v Fonterra Co-operative Group Limited and others

Feb 9, 2024 | lexology.com | Toby Vallance

OverviewIn the face of claims targeting climate change, will existing tortious principles be expanded using 'the fertile fields of trial'? Or will such actions founder on the 'barren rocks' of strike out applications? This was the decision facing the New Zealand Supreme Court in the claim of Smith v Fonterra Co-operative Group Limited and others.
Climate Change Predictions

Jan 25, 2024 | lexology.com | Toby Vallance |Sarah Crowther

DAC Beachcroft’s Informed Insurance Predictions 2024 provide their insights on the opportunities and challenges that the insurance market may face in relation to Climate Change in the coming year and beyond. Climate ChangeClimate Change is no longer a risk of the future.
COP28 milestones: Transitioning away, operationalising the loss and damage fund and acknowledging the role of nature

Dec 19, 2023 | lexology.com | Annabel Walker |Duncan Strachan |Helen V. Faulkner |Sarah Crowther |Julian Miller |Toby Vallance | +5 more

COP28 finished in the early hours of 13 December 2023, overrunning as parties sought to reach a consensus on a final agreement. The key topic of contention was how the parties should respond to the first global stocktake (GST). Alongside the formal negotiations, the conference hosted hundreds of side events and oversaw various announcements on climate action by governments, business and civil society.