Property Insurance Coverage for Emerging Risk of Underground Climate Change 

Better understand permutations of policy language and state law that may affect coverage for damage caused by underground climate change.

Studies have shown that heat emanating from basements, train tunnels, sewers, and other underground systems in major metropolises in the United States and Europe is heating the ground between city surfaces and the bedrock by as much as 27 degrees Fahrenheit.

As one of our presenters – a structural engineer – will illustrate, this “underground climate change” is affecting ground soil conditions, causing structural strains on buildings and exacerbating cracks and defects in walls and foundations.

Whether property insurance coverage will respond to loss and damage resulting from underground climate change will likely hinge on the application of the “earth movement” exclusion and potential exceptions thereto, in addition to other policy exceptions.

Focusing on broad “all risk” commercial property insurance policies, this webinar analyzes permutations of policy language and state law that may affect coverage for damage caused by underground climate change, including how state law treats anti-concurrent causation clauses, whether “human-caused” exceptions to earth movement exclusions may apply to underground climate change, and whether “abrupt collapse” exceptions to exclusions for building collapse may apply when undetected structural damage triggered by underground climate change triggers collapse.

You will learn about: 

  • What is meant by underground climate change and what are the causes?
  • What does science say about the impact of underground warming on structures?
  • What are some real-life examples of the effects of underground warming?
  • Will commercial property insurance policies cover losses and damage?
  • What various exclusions and exceptions of insurance are implicated?
  • What is the state of litigation and what can we learn from it?

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Speakers

Dennis J. Artese
Dennis J. ArteseAttorney, Anderson Kill P.C.
Dennis Artese is a shareholder in Anderson Kill’s New York office and is chair of the firm’s Climate Change and Disaster Recovery practice group. He is also co-chair of the firm’s Construction Industry group. Dennis’s national practice concentrates on all types of insurance recovery litigation, with an emphasis on securing insurance coverage for property and business interruption losses stemming from natural disasters and other perils as well as for construction-related first-party property losses and third-party liability claims. He earned his J.D. from St. John’s University School of Law.
Ethan W. Middlebrooks
Ethan W. MiddlebrooksAttorney, Anderson Kill P.C.
Ethan W. Middlebrooks is a shareholder in Anderson Kill’s New York office, where he concentrates his practice in insurance recovery, exclusively on behalf of policyholders. Ethan has assisted numerous policyholders with insurance recovery on a range of matters, including first-party claims involving property and business interruption, and liability claims involving construction losses, D&O liability, educational management liability, and public officials’ liability. Middlebrooks earned his J.D. from City University of New York (CUNY) School of Law.
Thomas Dupont
Thomas DupontAttorney, Anderson Kill P.C.
Thomas Dupont is an attorney in Anderson Kill’s New York office. He focuses his practice on insurance recovery, exclusively on behalf of policyholders. While attending the University of Connecticut School of Law, Tom worked as a legal intern for Greater Hartford Legal Aid. He was a Legal Practice Teaching Assistant, as well as the Note and Comment Editor of the Connecticut Journal of International Law. In addition, he was recognized as a UConn Scholar and a Public Interest Law Group Summer Fellow; he graduated with Honors. Prior to attending law school, Tom was an English Teacher in Madrid and worked as a Legal Assistant at the Connecticut Institute for Refugees and Immigrants. He earned his JD from the University of Connecticut School of Law.
Kenneth R. Quigley
Kenneth R. QuigleyExecutive Vice President, Construction Consulting Associates, LLC
Kenneth R. Quigley, PE, MS, is Executive Vice President, Construction Consulting Associates, LLC. Ken has more than 45 years of experience and training in engineering, design, construction, planning, and management. For the past 20 years he has been performing forensic engineering and design engineering at CCA. Experience includes several decades as a structural/civil engineer and engineering manager in many engineering fields. He has successfully completed a diverse array of residential, commercial, and industrial engineering projects and has led the design of numerous buildings and facilities.

He is an expert in the preparation and production of construction drawings and specifications, as well as the direct provision of construction support services for new and renovated facilities. Ken is a registered Professional Engineer in numerous states, and is a member of the American Society of Civil Engineers, the American Concrete Institute, ASTM International (formerly the American Society for Testing and Materials), and the International Concrete Repair Institute.