Environmental Law and Insurance Law Joint Program, Sponsored by Property Law

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Session Type: Section Programs

Session Capacity: N/A

Location: Hilton New Orleans Riverside

Room: Grand Salon Section 3

Floor: First Floor

This session will examine legal issues arising from homeowners insurance crises currently unfolding around the country. Among the questions we aim to ask: What are the causes of these insurance availability and affordability crises? How can legislation, regulation, or litigation address the root causes? How should the interests of homeowners (e.g., the need for affordable, sufficient, nondiscriminatory coverage) be balanced against what insurers say is necessary to preserve the healthy operation of insurance markets? What role can insurance, and insurance regulation, play in supporting climate change adaptation and resilience, especially in an era of federal retrenchment? Can insurers step into the role of regulators by imposing requirements on their policyholders that respond to climate change? Can insurance regulation serve as a proxy for more direct environmental regulation? Can insurers invest in nature-based solutions (e.g., construction of artificial reefs, wetlands restoration) to mitigate anticipated storm damage? Is there an end in sight? Are private insurance markets the right way to manage the potential impact of catastrophic weather risk on homes, or is some “public option” needed?