duty to defend
Definition
The duty to defend is an obligation your insurance company has to hire a lawyer and pay for your legal defense the moment someone files a lawsuit against you that your policy could potentially cover. This duty kicks in very early, often before anyone knows whether your insurance actually covers the claim, because the insurer must step in as soon as there is even a possibility of coverage.
Example
A customer slips in your store and sues you for $200,000, so your general liability insurer must immediately assign you a defense attorney and cover those legal costs while the case plays out.
Watch Out
The duty to defend is broader than the duty to pay a final judgment, so your insurer may still owe you a defense even when they are disputing whether they will ultimately cover the outcome.
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This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.