Wiley Rein's Insurance attorneys have been at the forefront of the insurance industry's response to novel, complex, high-stakes coverage issues for more than two decades. Today, many such cutting-edge issues are playing out with respect to renewable energy technologies including solar/photovoltaic, wind, geothermal, and biofuels.
Our Insurance attorneys understand that the risks faced by renewable energy companies are not static, and that by extension the role of insurers underwriting renewable energy risks can vary greatly depending on whether the focus is on construction delays, design defects, business interruption, equipment breakdown, pollution, property damage, bodily injury, or even intellectual property. Conversely, our attorneys also recognize that while renewable energy or "green" technologies are meant to provide environmentally friendly alternatives to traditional energy sources, their production can raise many of the same environmental and regulatory concerns as more traditional technologies and manufacturing processes. Therefore, not all of the underlying risks and future claims faced by renewable energy companies are unique.
Our attorneys regularly are called upon to address underwriting and coverage issues arising out of renewable energy risks. Our representative experience includes:
- Monitoring underlying litigation and emerging claim trends and preparing landscape risk studies to assist insurers with identifying and evaluating potential losses arising in the renewable energy field.
- Identifying those insurance risks that may be common to more than one renewable energy industry, while isolating those risks that may be more unique to a particular industry like geothermal.
- Providing strategic advice regarding underwriting renewable energy risks under general liability, builder's risk, and specialty lines policies.
- Analyzing renewable energy claims for insurers arising under general liability and professional liability policies, including claims arising out of design defects, failure to perform, and breach of warranty.
Our attorneys are frequent authors and speakers on renewable energy technologies and related insurance issues and regularly make presentations on expert panels and for industry associations in the U.S. and abroad.
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When Renewable Energy Products Fail to Perform As Promised: A Brief Overview of Efficacy Coverage
By Sandra Tvarian Stevens
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