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May 11, 2023

Directors’ personal liability insurance cover in limbo over climate litigation

UK insurance giant Aviva says that as a D&O insurer, it is “increasingly observing climate disclosures of our insureds to consider whether they are accurate, credible and achievable” (Photo: Ben StansallAFP via Getty Images)
UK insurance giant Aviva says that as a D&O insurer, it is “increasingly observing climate disclosures of our insureds to consider whether they are accurate, credible and achievable” (Photo: Ben StansallAFP via Getty Images)

A rise in ESG-related lawsuits and increased scrutiny of board directors’ responsibilities for climate disclosure obligations are revealing grey areas in management liability policies.

Company board directors are becoming increasingly vulnerable to litigation risks as sustainability-related regulation intensifies and environmental, social and governance claims continue to be brought before courts across the world.

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