Supreme Court of Connecticut

Nash Street, LLC v. Main Street America Assurance Co.

September 9, 2020337 Conn. 1

Summary

The court held that the insurer had a duty to defend because the policy exclusions did not eliminate the possibility of coverage at the time the insured tendered the underlying action. Legal uncertainty about the meaning and application of the exclusions, together with Connecticut's preference for narrow construction of exclusions and the absence of controlling state appellate authority, required the uncertainty to be resolved in favor of providing a defense. The summary judgment for the insurer was reversed and the case was remanded for further proceedings.