The determination of whether an insurer has a duty to defend is the most important of all coverage issues, which shouldn't be surprising.
The question arises in just about every liability claim — regardless of policy type. No other issue can make that claim. And the consequences for an insurer that breaches its defense obligation are, at best, significant and, at worst, monumental.
The underlying plaintiff also has a lot riding on it. If a defense is owed, an insurer, now incurring costs, may be inclined to settle at some point — even if the case is defensible.
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