May 14, 2012
AES v. Steadfast - Still No Coverage for Climate Change Tort Suits in Virginia
By Christina M. Carroll and Christopher Baker
On a petition for rehearing, the Supreme Court of Virginia once again held that an insurer has no duty to defend a utility company against a lawsuit alleging property damage resulting from greenhouse gases (GHGs) emitted in the regular course of business. In AES Corporation v. Steadfast Insurance Company,11AES Corp. v. Steadfast Insurance Co., No. 100764, Slip Op. (Va. April 20, 2012). See 78 WCCR, 4/23/12. the court arrived at the same conclusion it did last fall, holding that the underlying climate chang
Christina M. Carroll is a partner in the Washington, D.C., office of McKenna Long & Aldridge LLP. She represents insurance companies in coverage and bad faith litigation and counsels clients, including insurers, on climate change and sustainability issues. She is a co-author of the forthcoming ABA book Climate Change and Insurance. Christopher Baker is an associate in the Washington, D.C., office of McKenna Long & Aldridge LLP. His practice focuses on litigation and insurance.This article does not repres