Duty to Defend
Key Takeaway
The insurer's obligation to provide and pay for the legal defense of a covered claim, regardless of whether the claim ultimately has merit. This duty is triggered by the allegations in the complaint, not by the actual facts.
Definition
The insurer's obligation to provide and pay for the legal defense of a covered claim, regardless of whether the claim ultimately has merit. This duty is triggered by the allegations in the complaint, not by the actual facts. It is broader than the duty to indemnify and applies even when some claims in a lawsuit are not covered by the policy.
Why This Matters for Law Firms
This term defines the boundaries of what your insurance will and will not pay for. Law firms that misunderstand coverage terms risk discovering gaps in protection only after a claim has been filed, when it is too late to remedy the situation. Reviewing these terms with your broker before binding coverage is a critical risk management step.
Example Usage in Context
During a coverage review meeting, the firm administrator might note: "Our policy includes a duty to defend provision -- let's make sure we understand exactly what that means for our specific practice areas before we sign off on the renewal."
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