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Question

The duty to defend is

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Douglas

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Answer

The duty to defend is broader than the duty to indemnify as it even extends to cases in which it is unclear whether coverage applies.

Explanation

Step1: Define the Duties The insurer's duty to defend involves providing legal defense for the insured in case a claim or lawsuit is brought against them. This is a broader duty because it applies even if the claim turns out to be groundless, false, or fraudulent. Step2: Comparison of Duties The duty to indemnify only requires the insurer to pay for a loss or damage that is explicitly covered by the insurance policy. This duty is more limited and applies only when it is clear that the policy provides coverage for the claim. Step3: Broader Scope of Duty to Defend The duty to defend extends to any situation where there might be coverage under the policy, including cases where it is uncertain whether the claim is covered. This broader duty ensures that the insured has protection in legal disputes until it is determined whether the policy covers the claim.

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