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 Louisiana, the duty to defend is a fundamental obligation of an insurance company to provide a legal defense to its policyholder when the policyholder is sued, and the lawsuit presents claims that could potentially be covered by the insurance policy. This duty is broader than the insurer's duty to indemnify, or pay for, any damages for which the insured may be found liable. In Louisiana, the determination of whether an insurer has a duty to defend is made by comparing the allegations in the complaint against the insured with the terms of the insurance policy. If there is any doubt about whether the facts alleged in the complaint could potentially fall within the policy's coverage, Louisiana courts will generally resolve that doubt in favor of the insured and require the insurer to defend the suit. This means that the insurer may be required to defend claims even if it is uncertain whether the policy ultimately covers the damages or if no damages are awarded. Insured individuals in Louisiana facing a claim should consult with an attorney experienced in insurance coverage to ensure their rights under their policy are fully protected.