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 Montana, 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 duty to defend, as it only arises after the insured's liability has been established, such as through a court judgment or settlement. Montana law requires that the facts of the claim be carefully reviewed against the terms of the insurance policy to determine if the insurer is obligated to indemnify the insured. This review often takes place after the defense of the claim, which is the insurer's responsibility to provide legal representation to the insured. The scope of the duty to indemnify is defined by the language of the insurance contract and any relevant state statutes or case law that may interpret those obligations.