A liability insurer's promise to defend its insured is at the core of the protection purchased by policyholders and, in most states,
Class Action Claims: The Duty to Defend Before a Class with Covered Claimants Is Certified
A liability insurer's promise to defend its insured is at the core of the protection purchased by policyholders and, in most states, the insurer will be required to defend any suit alleging facts that possibly could result in a judgment against the insured that would be covered by the policy's duty to indemnify. A duty to defend will be found where the undisputed facts surrounding a claim — typically the language of the policy and the allegations of the complaint — permit proof of a claim potentially covered by the duty to indemnify. The complaint-allegations test, or what some jurisdictions term the eight-corners rule, results in the duty to defend being easily found by courts, commensurate with the broad contract language, and the policy's intention to afford the insured 'litigation insurance' protecting against the risk and burden of litigation.
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Marc S. MayersonThis premium content is locked for LawJournalNewsletters subscribers only
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