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 New York, the duty to defend is a fundamental obligation of an insurance company under most liability insurance policies. This duty is triggered when there is a possibility that the claims made against the policyholder may be covered by the policy, even if there is doubt about coverage or if no damages are ultimately awarded. The determination of the duty to defend is based on the specific terms of the insurance policy and the facts as alleged in the claimant's lawsuit. New York courts tend to resolve any ambiguity regarding the duty to defend in favor of the insured, which means that the insurer is often required to provide a defense against the claims. Policyholders facing complex issues related to insurance coverage and claims should consult with an experienced attorney to ensure their rights are protected and to navigate the intricacies of their insurance policies.