Duty to Defend
Definition. Duty to Defend means the insurer pays defense costs from the moment a claim is filed — even if the claim is later dismissed or proves to be frivolous.
Also known as: Defense Coverage
Most General Liability and Pro Liab policies include Duty to Defend. Distinct from Duty to Indemnify (which only kicks in if the claim is proven and a judgment owed). Duty to Defend = costs paid regardless of outcome.
Example
Frivolous slip-and-fall lawsuit filed; eventually dismissed. Insurer still pays $15K of defense costs along the way under Duty to Defend.
Sources cited
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Reviewed by California-licensed Property & Casualty insurance agent
Jason Wootton (CA License #0I94454). Not insurance advice, an individual recommendation, or a solicitation in any state. Insurance regulations vary by state. For specific coverage decisions, consult a licensed insurance agent in your state.
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