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 Massachusetts, the duty to defend is a legal obligation of an insurance company to provide a defense for its policyholder when the policyholder is sued for claims that potentially fall within the scope of the insurance policy's coverage. This duty is broad and is triggered if there is any possibility that the claim could be covered under the policy, even if it is later determined that there is no actual coverage for the damages or losses claimed. The determination of the duty to defend is based on the language of the insurance policy and the allegations in the complaint. Massachusetts courts tend to interpret the duty to defend broadly, resolving any ambiguity in favor of the insured, which means that insurers are often required to defend their policyholders unless it is clear that the claim is not covered. Policyholders facing a lawsuit that may implicate their insurance coverage should consult with an attorney experienced in insurance law to ensure their rights are protected and to navigate the complexities of insurance coverage and defense obligations.