Duty to Defend the “Bad” Case
The duty to defend is not limited to cases where the suit against the insured is viable. The duty extends to those that are brought against the insured that are bad, false, or fraudulent. In Wild v. Subscription Plus, Inc., the Seventh Circuit was faced with a dispute over the duty to defend when there was a finding that the insurer, Scottsdale, had no duty to indemnify the two insureds, because the accident was not covered by the policy after all. Scottsdale appealed the judgment that it had a duty to defend.
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