As demand for climate insurance grows, insurers have introduced insurability requirements for climate risk coverage that overlap in their content, regardless of where the risk, the insurer, and the insured are located. Despite this natural convergence of practice, challenges remain that affect the insurability of climate risks, such as how insurance markets are structured and the regulation of climate change-related civil liability, which are still governed by different national laws. This paper examines the importance of this regulatory diversity for the insurability of climate risks and its coordination through private international law techniques. Considering recent practices in the civil liability insurance sector, the article explains why the “applicable law variable” is crucial when insurers assess the insurability of civil liability arising from actions impacting climate change, and it suggests future lines of investigation into how this variable should be conveyed to be effectively incorporated by insurers.
Benini, C., Incidenza della diversità normativa sull'assicurabilità dei rischi da cambiamento climatico: un'analisi internazionalprivatistica, <<JUS>>, 2025; (6): 217-241. [doi:10.26350/18277942_000267] [https://hdl.handle.net/10807/330048]
Incidenza della diversità normativa sull'assicurabilità dei rischi da cambiamento climatico: un'analisi internazionalprivatistica
Benini, Caterina
2025
Abstract
As demand for climate insurance grows, insurers have introduced insurability requirements for climate risk coverage that overlap in their content, regardless of where the risk, the insurer, and the insured are located. Despite this natural convergence of practice, challenges remain that affect the insurability of climate risks, such as how insurance markets are structured and the regulation of climate change-related civil liability, which are still governed by different national laws. This paper examines the importance of this regulatory diversity for the insurability of climate risks and its coordination through private international law techniques. Considering recent practices in the civil liability insurance sector, the article explains why the “applicable law variable” is crucial when insurers assess the insurability of civil liability arising from actions impacting climate change, and it suggests future lines of investigation into how this variable should be conveyed to be effectively incorporated by insurers.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



