HNRK Coverage Corner

HNRK insurance recovery partner Brad Nash spoke to Law360 to discuss the Tenth Circuit’s recent decision in Chisholm’s-Village Plaza LLC v. Cincinnati Insurance Co. Reversing the district court, the decision held that an insurance policy’s absolute pollution exclusions precluded defense coverage in an environmental contamination case. Brad explained, “the district court had it right that the fundamental principle that is the starting point for all of this is that you have to construe exclusions narrowly,” adding “what happens over time, and it certainly ...

In a guest article for the ABA Journal, partner Brad Nash and associate Milan Sova examine the complex and evolving law surrounding occurrence analysis in CGL claims for wildfire-related liabilities. The article outlines the three primary legal standards for determine the number of occurrences—the “cause,” “effects,” and “unfortunate event” tests—and analyzes their application to insurance coverage for wildfire liability claims. Read the full article here.