(Editor’s Note: This article has been contributed by Stephen Brown, Carl Pernicone and Samuel Reich, attorneys at Wilson Elser. Refer to the respective author bio pages for information about their practice areas and expertise.)

A liability policy imposes two separate and distinct duties upon an insurer: a duty to defend and a duty to indemnify. The duty to defend requires that the insurer provide legal counsel to its insured in the event of a lawsuit, while the duty to indemnify requires the insurer to satisfy a judgment entered against its insured. An insurer’s duty to defend can be triggered without activating the insurer’s duty to pay for the loss. This is because all jurisdictions find the duty to defend to be greater than the duty to indemnify.


© 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.



Join PropertyCasualty360

Don’t miss crucial news and insights you need to make informed decisions for your P&C insurance business. Join PropertyCasualty360.com now!

  • Unlimited access to PropertyCasualty360.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including BenefitsPRO.com, ThinkAdvisor.com and Law.com
  • Exclusive discounts on PropertyCasualty360, National Underwriter, Claims and ALM events

Already have an account? Sign In Now
Join PropertyCasualty360

Copyright © 2024 ALM Global, LLC. All Rights Reserved.