Liability Insurers' Right to Defend their Insureds
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Authors
Richmond, Douglas R.
Issue Date
2002
Volume
35
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Liability insurance is "litigation insurance." It may be so described because a liability insurer has three closely related duties tied to actual or threatened litigation against its insured: an express contractual duty to defend its insured, an express contractual duty to indemnify its insured up to its policy limits, and an implied duty to settle claims within its policy limits under certain circumstances. An insurer's duties to indemnify and settle are somewhat certain because they are bounded by the policy's monetary limits. An insurer's duty to defend is not similarly limited. Defense costs may, and often do, exceed any settlement or judgment ultimately paid...
Description
Citation
35 Creighton L. Rev. 115 (2001-2002)
Publisher
Creighton University School of Law