Public Nuisance: More than a nuisance for casualty insurers

Expansion of ‘public nuisance’ from a property cause of action to a casualty cause of action has been an issue of increasing concern for insurers. The remedy of public nuisance was originally designed to prevent interference with public land and water rights. Among other cases, the concept was asserted in the historic tobacco litigation which cemented strong priming for later adoption in the opioid complex.

While property insurers have long raised concerns about ‘public insurance’, Swiss Re Business Management's latest Trend Spotlight authored by Jane Mandigo discusses how casualty insurers are now steeped in the prospect that acceptance of public nuisance as a cause of action in the casualty arena increases exposures along with a diverse array of casualty issues, including the concept of ‘public insurance.’