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It’s a long-held axiom that an insurer’s duty to defend is broader than its duty to indemnify. But what does the duty to defend encompass? On what is that duty based: the factual allegations in the complaint, or legal theories of recovery such as negligence? Can other evidence not in the complaint be considered? What if the complaint includes other allegations obviously not covered?

Further, when does the duty to defend end? What happens when an insurer determines it has no duty to defend only to later learn new information that shows an obligation?

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