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Is an Insurer Obligated to Defend the Prosecution of Affirmative Claims on Behalf of Its Insured?

Insurers are not required to "defend" affirmative claims. But "defense" of affirmative claims may be covered if factually related to and necessary to defense. A look at recent case law.

37 minute read April 29, 2009 at 02:04 PM
By
Anne E. Briard and Seth A. Schmeeckle
Is an Insurer Obligated to Defend the Prosecution of Affirmative Claims on Behalf of Its Insured?

The typical commercial general liability (“CGL”) policy requires insurers “to defend any suit against the insured seeking damages on account of ' bodily injury or property damage to which this insurance applies.”

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