Understanding the Duty to Defend
As an insured defendant, the fact that the insurer will step in to provide a defense in claims (that fall within the applicable coverage) brought against the defendant is critical to effective litigation in many cases, particularly those where the defendant lacks personal financial assets necessary to pay for the expense of litigation. Insurers owe a duty to their policyholders to step in and provide a defense in covered claims brought against their insured — […]