The Duty to Defend: Contrasting Coverage and Contracts
This article discusses the nature and nuances of the duty to defend.
August 22, 2019 at 11:00 AM
7 minute read
The duty to defend can be triggered by insurance policies and contractual indemnity provisions.
It is a well-known axiom that the duty to defend is broader than the duty to indemnify under an insurance policy. However, less well known is that the duty to defend is typically no broader than the duty to indemnify for contractual obligations. Moreover, many cases resolve before the duty to indemnify is ever established. Accordingly, the duty to defend presents earlier and more often than the duty to indemnify.
This discussion will examine the nature and nuances of the duty to defend.
Coverage Duties
The majority rule, and long the rule in New York, is that determination of the duty to defend under an insurance policy depends on a comparison of the wording in the coverage grant and the allegations in the complaint. Continental Cas. Co. v. Rapid-American Corp., 80 N.Y.2d 640, 648 (1993).
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 4What We Know About the Kentucky Judge Killed in His Chambers
- 5'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250