Duty to Defend

An insurer's obligation to provide a defense against a covered claim or suit. In contracts, a separate promise you make to defend someone else, which insurance may not fully cover.

Reviewed by Avi Rabbani, Licensed Insurance Agent

What it means for your firm

On a liability policy, the duty to defend is usually broader than the duty to pay. Many insurers defend claims that are potentially covered while they investigate.

In a contract, agreeing to defend your client can be broader than what your professional liability is built to pay for. Have your agent and attorney review that language.

Articles that explain it

‘Caused in Whole or in Part’: What New York Owners Actually Get When They Are Additional Insured on Your GL No ‘Defend’ in It, Still Worth a Second Look: Reading an Indemnity Clause After Three Rounds of Edits What an Insurer’s Contract Reviewer Looks For: 10 Clauses in a Good Design Contract Who Is Responsible When a Senior Engineer Fails to Review a Junior Engineer’s Design? What Happens After Stamping Someone Else’s Design and an Error Gets Through? What Does Professional Liability Insurance Cover When a Plan Error Becomes a Claim?

General definition for education only. It is not an interpretation of any policy or contract, and it is not legal advice. The wording of your own policy and contract controls. Policies and definitions vary by insurance company.

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