Credit: nito/Adobe Stock Proximate Cause: Plaintiff's Employer and Its Post-'Burlington' Role in the Duty To Defend Analysis
In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the decision.
January 24, 2024 at 10:04 AM
8 minute read
Insurance Litigation
Experienced insurance practitioners' eyes may glaze over when faced with the oft-cited phrase, "the duty to defend is broader than the duty to indemnify." This statement is cited so frequently in tender demand letters that the true meaning can become obscured. In New York, this generally means that a liability insurer owes a duty to defend if the allegations of the pleadings, if true, potentially fall within the scope of the risks undertaken by the insurer.
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