On Tuesday, April 19, 2011, two separate oral arguments were held that will help determine the future of climate change litigation — and whether and how insurance coverage is available to defend against certain climate-change claims.

The first case involves whether valid nuisance and other claims related to climate change can be brought against industrial emitters of greenhouse gases. The second case addresses whether an insurance company has a duty to defend such nuisance or other claims under the standard-form provisions of most Comprehensive Commercial General Liability insurance policies.