Expected or Intended Exclusion in Liability Insurance: What about Self-Defense, The
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Ingram, John Dwight
INTRODUCTION|Individuals buy liability insurance as a means of shifting liability to an insurer for injuries or damage they may cause. A typical liability insuring clause will provide that the insurer "will pay damages which an insured person becomes legally obligated to pay because of bodily injury or property damage arising from an occurrence to which this policy applies..." The insuring clause will go on to state that "if an insured person is sued for these damages, [the insurer] will provide a defense to the lawsuit ..." Payment of damages (indemnification) and provision of a defense are two separate obligations. For instance, the insurer must defend the insured if there is any potentiality that the claim is covered by the policy. However, the duty to indemnify the insured arises only when there is a judgment against the insured...
42 Creighton L. Rev. 123 (2008-2009)
Creighton University School of Law