Insurance generally refers to a legally enforceable contract—known as an insurance policy—in which an insurance company (the insurer) agrees to (1) defend the person or entity who purchased the policy (the insured) against future claims or lawsuits; and (2) pay for losses (usually financial) that are covered under the written terms of the insurance policy.
These two primary legal obligations of an insurer under a liability insurance policy are known as the duty to defend and the duty to indemnify.
Insurance may be purchased to cover a wide range of future claims or losses—ranging from health insurance to pay future medical expenses, to commercial general liability (CGL) to cover future claims and losses incurred by a business.
In Utah, insurance is regulated by the Utah Insurance Department, which enforces the state's insurance laws and regulations. The duty to defend and the duty to indemnify are fundamental aspects of liability insurance policies in Utah. The duty to defend obligates the insurer to provide legal defense to the insured against claims or lawsuits that fall within the scope of the insurance policy. The duty to indemnify means the insurer must pay for any covered losses or damages that the insured is legally obligated to pay. These duties are subject to the terms, conditions, and exclusions outlined in the insurance policy. Utah's insurance laws cover various types of insurance, including health insurance, commercial general liability (CGL) insurance, and others, ensuring that policies provide the protection they promise and that insurers act in good faith towards their policyholders. Policyholders have the right to seek legal recourse if they believe their insurer has not fulfilled its obligations under the policy.