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Law360 Insurance Authority

Calfee Insurance Coverage Practice attorney Tae Andrews was mentioned in the October 10, 2024, Law360 Insurance Authority article, “Insurers Win Big in Hawaii Climate Change Pollutant Suit.” The article discusses a recent Hawaii Supreme Court ruling asserting that AIG is not required to cover a lawsuit accusing the subsidiary of a major gas company of contributing to climate change. The ruling is seen as a major decision for both carriers and policyholders and may advance climate coverage-related case law.

Quoting the article, "Tae Andrews, a policyholder attorney with Calfee, Halter & Griswold LLP described the court's ruling that reckless conduct could constitute a covered occurrence was a very favorable development for policyholders. It means that even if an insured is alleged to have acted with knowledge of a given risk – even if not intending that risk – that can constitute a covered occurrence and trigger general liability coverage, Andrews said." 

"Andrews also said the ruling on the pollution exclusion was 'facially bad' for policyholders, but said there was a silver lining to the extent that older CGL policies might not contain such an exclusion. He added that some sophisticated commercial policyholders have pollution legal liability policies that cover losses caused by the pollution – significant given the court's ruling that greenhouse gasses pollute."

Tae, an experienced member of Calfee's Insurance Coverage practice, advises corporate insurance policyholders in multiple industries and litigates complex insurance disputes in both state and federal courts. He joined Calfee in September from a premier U.S. insurance recovery boutique law firm.

Read the full Law 360 article.


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