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 Colorado, the duty to indemnify is a legal 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. The duty to defend is broader and usually arises as soon as a claim is made against the insured that potentially falls within the policy's coverage. In contrast, the duty to indemnify is determined after the insured's liability has been established, either through a settlement or a legal judgment. At that point, the insurer must review the facts and the policy terms to decide whether the specific circumstances of the claim are covered and to what extent the insurer is obligated to pay. Colorado courts will interpret the insurance policy and apply the relevant state statutes and case law to determine the scope of the insurer's duty to indemnify in each particular case.