A policy’s language surrounding the duty to defend will have a significant influence on how a claim will be handled. It is an important consideration for an organisation and its management, as it will determine how much control they have over their own defence. For some, exerting influence over this process will be a high priority, while for others less so.
In this article, we will explore the duty to defend within the context of the following coverages:
- Directors and officers liability insurance
- Employment practices liability insurance
- Management liability insurance
- D&O insurance for nonprofits
You may also find that similar concepts apply to a broad range of financial lines insurances, such as professional indemnity insurance, cyber insurance, and even crime insurance to a certain extent. Keep in mind, however, that each policy is strictly interpreted according to its own terms and conditions.
Contents
1 Duty to defend: A definition
2 How do managerial risks arise?
3 How is a claim addressed by its subject?
4 Providing an insurer with a claim notification
5 Coordinating a claim response
6 Conflicts of interest and the duty to defend
7 The claims settlement process
8 When will an insurer assume the duty to defend?
9 Duty to defend: An example
10 Conclusion
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