Private Law Theory

INTRODUCTION
Insurance policies are contracts. Standard liability insurance policies state that the insurer ‘will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury” or “property damage” to which [the policy] applies’ and that the insurer ‘will have the right and duty to defend the insured against any “suit” seeking those damages’. As caselaw has long made clear, the duty to defend is a critical aspect of the liability insurance bargain. Indeed, the duty to defend is so vital to the insurer-insured relationship that courts often describe liability insurance as ‘litigation insurance’. But as vital as a liability insurer’s duty to defend may be, it is not boundless. Fundamentally, an insurer’s duty to defend is limited to ‘suits’ against an insured seeking covered ‘damages’. This article will examine recent controversies with respect to different types of claims and ‘suits’ that may trigger an insurer’s duty to defend …

Douglas R Richmond, The Liability Insurer’s Duty to Defend ‘Suits’, Insurance Law Review volume 32 issue 2 (Spring 2026).