Virginia Court Grants Rehearing of Global Warming Claims Case

The Virginia Supreme Court has recently granted rehearing of a closely followed legal case involving global warming, The AES Corp. vs. Steadfast Insurance Company. The court says its previous decision on the case has been “set aside.”

On Jan. 17, the Virginia Supreme Court stated that “upon consideration of the [AES Corp.'s] petition to set aside the judgment rendered herein on September 16, 2011 and grant a rehearing thereof, it is ordered that the said judgment be set aside and a rehearing is granted.”

Last September, the high court affirmed a lower court’s decision that Steadfast Insurance, which provided commercial general liability (CGL) coverage for Virginia-based energy company AES Corp., has no duty to defend and indemnify the insured for claims arising from a global warming lawsuit.

Steadfast Insurance has been given 21 days from the date of the court’s rehearing order to file a brief in reply. Oral argument on the petition for the rehearing and the Steadfast Insurance’s brief in reply is expected to be heard by the Virginia Supreme Court later this month. The petition to rehear the case was submitted by AES Corp. last October.

Steadfast Insurance is an Illinois-based insurer and an indirect subsidiary of Zurich Financial Services.

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