Litigation stemming from climate-related property losses is not only increasing, but is also becoming more aggressive, as policyholders accuse insurers of not fully paying out claims that they believe should be covered.

In an interview with the Financial Times, Pillsbury partner Joseph D. Jean said that litigation overall had become more “adversarial.”  Jean, who has worked on insurance recovery for more than two decades, added that “[t]here used to be a lot more interaction among the parties, there would be dialogue. Now, one party or the other rushes to court much more quickly.” This trend highlights why policyholders need coverage counsel who is able to stand up to insurers and try cases to conclusion. 

Over the past decade, business interruption lawsuits linked to climate perils — not including hurricanes, which vary widely from year to year — have more than doubled from about 290 to almost 640, the LexisNexis analysis of US federal court filings shows.

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