USLAW Spring / Summer 2014 – The Duty to Defend: When Does it End?

Insurers must often provide a defense to a policyholder on the barest of allegations, but at least in some jurisdictions, there can be rest for the weary: While a duty to defend may be required initially, extrinsic evidence can be used to terminate the defense. In many jurisdictions, however, the task of obtaining a court order allowing withdrawal from the defense may be difficult, if not impossible.

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