Duty to defend
The duty to defend is a liability insurer's duty to defend the insured against claims. It is generally broader than the duty to indemnify and may cover defense against claims where ultimately no damage is awarded, and possibly even against claims that would not be covered by the duty to indemnify.[1] It covers both civil suits and alternative dispute resolution procedures.[2] In American courts disputes regarding the application of the duty to defend are generally resolved in the insured's favor.[1]
References
- "Glossary of insurance & risk management terms: duty to defend". IRMI. Retrieved February 25, 2017.
- Harris, Eliot M. "The duty to defend: What insurers, insureds and their counsel need to know when faced with a liability coverage dispute". American Bar Association. Retrieved February 25, 2017.
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