Duty to Defend
When liability insurance was first offered to the public it was concerned only with indemnity. As liability insurance developed, the concern about defense costs matured into clauses promising defense as well as indemnity—so-called dual-promise policies. These clauses, although relatively recent, have led to the development of a considerable body of law interpreting the agreements to defend. To properly investigate a casualty or liability claim for defense and indemnity, an adjuster must understand the history of the promise to defend and understand how it grew from the original promise to indemnify.
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