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starfishies
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Simple English definitions for legal terms
duty-to-defend clause
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A quick definition of duty-to-defend clause:
A duty-to-defend clause is a part of an insurance policy that says the insurance company must take over the defense of a lawsuit brought by someone else against the person who bought the insurance. This only applies if the lawsuit is about something that the insurance policy covers. A duty is a legal obligation that someone has to do something or not do something. There are different types of duties, like a duty to act to prevent harm to someone else, a duty to be honest and fair, or a duty to pay taxes.A more thorough explanation:
A duty-to-defend clause is a provision in liability insurance that obligates the insurer to take over the defense of any lawsuit brought by a third party against the insured on a claim that falls within the policy's coverage. This means that if someone sues the insured for something covered by the insurance policy, the insurance company will provide a lawyer and pay for the legal defense.
For example, if a person has liability insurance for their car and gets into an accident, injuring someone else, the insurance company will provide a lawyer to defend the insured if the injured person sues them for damages.