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Civil Litigation,
Insurance

Oct. 12, 2013

New decision clarifies insurers' duty to provide a defense

A new decision clarifies when an insurer's duty to defend arises.

Linda D. Kornfeld

Partner
Blank Rome LLP

2029 Century Park East
Los Angeles , CA 90067

Email: lkornfeld@kasowitz.com

Linda serves as a chair of the Daily Journal's Women Leadership in Law conference taking place on May 2 in Beverly Hills, and will moderate the "#MeToo in the Legal Profession" panel.

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Julia K. Holt

Of Counsel
Blank Rome LLP

Julia is in the firm's insurance recovery practice.

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The duty of an insurer to provide a defense of potentially covered claims is a major reason for insureds to purchase commercial general liability insurance. And, in many instances, despite insurer efforts to argue for a contrary result, the duty to defend, or for an insurer to participate in an insured's defense is triggered at the outset of litigation, not at some later point after a policy's "self-insured retention" (SIR) has exhausted. The 4th District Court of Appeal recently reconfi...

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