Duty to defend refers to an insurance company’s (insurer’s) obligation to defend a claim or lawsuit when the claim(s) asserted against the insured (policyholder) may be covered by the insurance policy.

The duty to defend is one of the insurer’s primary duties under most liability insurance policies, and an insured generally only needs to show there is some possibility of coverage for the claim(s) asserted against the insured to trigger the insurer’s duty to defend.

Therefore, the duty to defend against the claim(s) may exist even when coverage for losses or damages is in doubt and a court ultimately determines there is no coverage under the policy. And an insurer may owe a duty to defend its insured against a claim for which there are ultimately no damages awarded.

The duty to defend is determined by (1) the terms of the insured's insurance policy and (2) the facts as pleaded (stated in a lawsuit) by the claimant.

Any doubt as to whether the claims made against the insured create a duty to defend is usually resolved in favor of the insured, requiring the insurer to defend against the claims. Insurance coverage and claims issues are often complex and an insured is usually well-served by promptly discussing these matters with an experienced insurance coverage lawyer.

In California, the duty to defend is a fundamental obligation of an insurance company to provide a defense for its policyholder when the claims made against them could potentially be covered by the insurance policy. This duty is broad and is triggered if there is any possibility that the claim falls within the policy's coverage. The insurer must defend the entire lawsuit if even one claim is potentially covered, and this duty arises even if it is uncertain whether the insurer will ultimately have to pay any damages. The determination of the duty to defend is based on the language of the insurance policy and the facts alleged in the lawsuit. California courts tend to interpret the duty to defend broadly, resolving any ambiguity in favor of the insured. This means that if there is doubt about whether the claims trigger the duty to defend, the insurer is generally required to provide a defense. Policyholders facing such claims should consult with an attorney experienced in insurance coverage to ensure their rights are protected.