With New Risks Emerging, Insurance for ESG Claims More Important Than Ever
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In a recent client alert, Hunton insurance lawyers Lorelie S. Masters, Geoffrey B. Fehling, and Charlotte E. Leszinske discuss emerging ESG-related risks and insurers’ interests in those risks when underwriting insurance policies.  Increased focus on ESG by regulators and the public have brought ESG programs and ESG-related liabilities, such as “greenwashing,” to the forefront.  Insurers are also paying attention to these risks and have signaled that their clients’ efforts to address ESG may factor into underwriting of their insurance policies.  Many emerging ESG risks may be covered under existing corporate insurance programs, including directors and officers insurance.  Before incurring a claim, companies should proactively evaluate their insurance program and assess ESG-related risks, expecting that they may need to explain such assessments to their insurers.  Read the full alert here.  

Hunton frequently writes about the overlap of ESG and insurance.  For more on this subject, refer to D&O Insurance:  An Essential Tool in the Evolving ESG LandscapeIncreased Risks, D&O Considerations Following Delaware’s Extended Oversight Duties; and Mitigating ESG Risks through D&O Insurance.

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