An insurer’s duty to defend its insured will extend to defending the entire lawsuit if any asserted claim (cause of action) triggers the duty to defend. Even if certain claims may not be covered under the policy, if the allegations in the lawsuit trigger the insurer’s duty to defend, then such claims will still be defended.
This is also true in the additional insured situation. For instance, if a general contractor is sued for property damage caused by its subcontractor’s defective work, the general contractor will tender the defense to the subcontractor and the subcontractor’s liability insurer since it is an additional insured under the subcontractor’s liability policy. The general contractor, as an additional insured, is entitled to a defense since the underlying lawsuit triggers the duty to defend – the subcontractors’ defective work caused resulting property damage. For more information on this issue, check out this article.
Please contact David Adelstein at firstname.lastname@example.org or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.