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 happens with the pollution exclusion and with other exclusions, is insurers added broader and broader language to try to capture every eventuality.” Read his full thoughts here.