Insurance Climate Change And The Law

"The insurance industry has found itself at the front line of climate change challenges, providing insurance cover in relation to risks associated with climate change. As risk carriers, insurers pay claims for climate change related losses - such as property damage caused by windstorms, flooding, and wildfires - which have been increasing in frequency and severity. As major institutional investors, insurance companies invest in assets that may be increasingly vulnerable to climate risks. Insurance regulators across the globe have therefore started to require insurance companies to identify, manage and report on climate change risks that could pose a threat to their financial stability. However, managing and reporting on the effect of climate risk on an insurer's balance sheet is an inward-looking perspective that does not stem climate change. It needs to be paired with an outward-looking perspective that takes account of the insurance industry's impact on the environment, and the insurance industry's capacity to influence what policyholders, investee enterprises and other business partners do to address climate change challenges. For the insurance industry, the key components of positive outward impact are "impact underwriting" and "impact investment". This book sets out the current legal and regulatory landscape for impact underwriting and impact investment. Whilst the focus of research and regulatory interventions to date has been on inward impact, in this book it will be argued that, to take positive climate action that supports the Paris Agreement goals and the national and international Net Zero targets, the debate should now move on to considering the positive outward impact the insurance industry can make, and how we can create a legal environment to facilitate this. The book puts forward the case for a new vision of the role of the insurance industry as climate action enablers and makes proposals for insurance products and risk transfer and loss resilience structures that can support policyholders in their transition to a Net Zero economy. The audience for this book will include legal practitioners, insurance industry professionals, financial and insurance regulators, policymakers and interested academics"--

Natural disasters such as large-scale flooding are on the increase. Climate change directly affects our basis of existence. This includes residential buildings, and commercial and industrial properties. The author highlights the requirements that will have to be met by a protection system for buildings in the future. Insurance against natural hazards lies at the heart of such a system. The insurance systems of Germany, France, Spain, Switzerland and the USA are presented. The author explains what type of insurance system is best suited to meet the challenge of climate change. The starting point of the legal section is statutory insurance with a monopoly. The question of whether such insurance is compatible with Swiss and EU law is examined. Keywords in this respect are economic freedom, competition, services of general interest and universal service.

Climate change has become a significant issue in scientific, political, and legal circles, and this may have profound implications for the insurance industry. More frequent catastrophic events such as floods, droughts, fires, hurricanes, and the like, whether or not attributable to climate change, challenge the insurance industry's abilities to measure and predict risk.

This book explores the role of the insurance industry in contributing to, and responding to, the harms that climate change has brought and will bring either directly or indirectly. The Anthropocene signifies a new role for humankind: we are the only species that has become a driving force in the planetary system. What might criminology be in the Anthropocene? What does the Anthropocene suggest for future theory and practice of criminology? Criminology and Climate, as part of Routledge’s Criminology at the Edge Series, seeks to contribute to this research agenda by exploring differing vantage points relevant to thinking within criminology. Contemporary societies are presented with myriad intersecting and interacting climate-related harms at multiple scales. Criminology and Climate brings attention to the finance sector, with a particular focus on the insurance industry as one of its most significant components, in both generating and responding to new climate ‘harmscapes’. Bringing together thought leaders from a variety of disciplines, this book considers what finance and insurance have done and might still do, as ‘fulcrum institutions’, to contribute to the realisation of safe and just planetary spaces. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, law and environmental studies and provides readers with a basis to analyse the challenges and opportunities for the finance sector, and in particular the insurance industry, in the regulation of climate harms.

ÔThe present book is a much needed publication on climate change adaptation law. It is a collaborative effort of distinguished experts from around the world and adopts a holistic approach to adaptation, taking a global view, with a focus on the international, the regional and domestic levels. This publication has a wealth of information, illustrating the issue of adaptation with many examples from all over the world. One of the most valuable aspects of this book, ensuring that it will have a lasting value, is that it discusses all fields of law, which are vulnerable to climate change (such as tort law; insurance law; disaster law; marine law; water law; planning law; construction law; environmental law; forestry; energy law; biodiversity). The book also includes general issues of adaptation, such as climate justice and the relationship between adaptation and development; human rights in the context of migration law and compensation. It is written in a very accessible language and will be an indispensible reading for both scholars and practitioners. The content and structure of the book make it a definitive book on climate adaptation.Õ Ð Malgosia Fitzmaurice, Queen Mary, University of London, UK ÔThis book indeed will become the definitive text on climate adaptation law for the coming years! From a global law perspective, Verschuuren and his team analyse in an outstanding way the legal challenges and barriers to climate change adaptation and how they can be overcome. Just like climate change, this book is here to stay!Õ Ð Kurt Deketelaere, KU Leuven/League of European Research Universities (LERU), Belgium This timely Research Handbook discusses the challenges brought about by the need to adapt to a changing climate. It considers how adaptation is necessary to address impacts resulting from the warming of the EarthÕs atmosphere which is already unavoidable due to past emissions. With adaptation policies around the world still in their infancy, the book examines the legal challenges and barriers to climate change adaptation and how can they be overcome. It brings together expert contributors to consider topics ranging across tort and insurance law, disaster law, water law, marine law, planning law, biodiversity law, green buildings, pollution control, displacement, agriculture and energy. With its transnational and multilevel approach, the Research Handbook on Climate Change Adaptation Law will be an essential resource for academics in the field of climate change policy and law, policymakers and other government officials working on climate change, and NGOs working in the field of climate change.

China is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks.

Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change litigation, 3) climate change liability and alternatives, and 4) dispute resolution and remedies. Reflections on the concepts of liability/responsibly/accountability have provided for nuanced understandings of their functional dynamics in climate change governance. Our findings also suggest that International and domestic courts have become a vital player in attribution or distribution of climate change liability. In addition to formalistic rights discourse and rigid liability regime, a few alternatives such as carbon market, insurance, mediation or soft law are also finding their ways to ensuring sustainability of climate change governance.