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February 1, 2021

Increasing Regulation on Climate Change

Summary:

In 2021, climate-change actions by U.S. regulators will create both challenges and opportunities for insurers.

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In 2021, the increasing effects of climate change and the response from U.S. insurance regulators will create both challenges and opportunities for insurers.

U.S. insurance regulators will increase scrutiny of insurers’ disclosures regarding efforts to manage potential climate change risks. Such risks range from unprecedented losses from climate-related natural disasters to concerns about hits to insurers’ investments in certain asset classes (such as fossil fuels as the shift to alternate energy sources proceeds in coming years).

In 2021, U.S. insurance regulators will continue undertaking various actions designed to encourage insurers’ climate change risk management.
At the same time, U.S. regulators will likely increase their demands on insurers to accommodate the needs of insureds who are already being hurt by climate change. For example, the California Insurance Department’s mandatory one-year moratorium on insurers not renewing or canceling residential property insurance policies for policyholders living near a declared wildfire disaster may serve as a model for other U.S. insurance regulators seeking to retain the availability of insurance coverages for policyholders hit by climate change effects — coverages that might not otherwise be commercially sensible for insurers.

U.S. regulators will also increasingly facilitate the development of innovative products to mitigate the risk of climate change for prospective insureds. For example, some regulators may follow an approach similar to that of the New York Department of Financial Services. It recently entered into a memorandum of understanding with the New York State Energy Research and Development Authority whereby the two agencies will cooperate to spur the development of new insurance and financial products “with the potential to de-risk and accelerate the development and deployment of key low-carbon technologies.”

See also: Time to Move Climate Risk Center-Stage

Whatever the future holds in terms of climate change impacts, we are confident that U.S. states will look to retain insurance coverage options for their insureds and try to attract and nurture the growth of new insurance products that could help address the impact of climate change in their jurisdictions.

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About the Author

Vikram Sidhu is a partner at Clyde & Co. His practice covers a broad range of corporate and regulatory matters with a focus on the insurance and reinsurance industry.

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About the Author

Jared Wilner is senior counsel at Clyde & Co. He focuses his practice on advising domestic, foreign and alien insurers, reinsurers, insurance intermediaries and other insurance industry participants.

More articles by Jared Wilner:

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