Duty to indemnify refers to an insurance company’s (insurer’s) obligation to indemnify the insured against any loss or damage when the claim(s) asserted against the insured (policyholder) may be covered by a liability insurance policy—which is a policy that may cover claims for personal injury and property damage suffered by third parties.

The duty to indemnify is one of the insurer’s primary duties under most liability insurance policies but is narrower than the duty to defend the insured. The duty to indemnify the insured generally arises at a later date when the liability of the insured is established and a review of the facts developed during the litigation or claims investigation process must be examined to determine if they fall within the insurer’s indemnification obligations under the insurance policy.

In Arkansas, the duty to indemnify is a contractual obligation of an insurance company to cover the financial losses of the insured party when a claim falls within the scope of the insurance policy's coverage. This duty is typically found in liability insurance policies, which may include coverage for third-party personal injury and property damage claims. The duty to indemnify is distinct from the insurer's duty to defend the insured in a lawsuit, which is generally broader. The duty to defend obligates the insurer to provide a legal defense against claims that potentially fall within the policy's coverage, regardless of whether the insured is ultimately found liable. However, the duty to indemnify only arises after the insured's liability has been established and the claim is determined to be within the policy's coverage. Arkansas courts will interpret the insurance policy and the facts of the case to decide if the insurer is required to indemnify the insured. This process often involves a detailed analysis of the policy language and the specific circumstances of the claim.