Insurance
Jul. 1, 2010
The Breadth of An Insurer's Duty to Defend
Kirk Pasich of Dickstein Shapiro provides insight on what triggers an insurer's duty to defend and what limits apply.
In Gray v. Zurich Insurance Co., 65 Cal. 2d 263 (1966), the California Supreme Court addressed the broad scope of the duty to defend. It held that an insurer must defend a suit that "potentially seeks damages within the coverage of the policy...," and that the insurer "bears a duty to defend its insured whenever it ascertains facts which give rise to the potential of liability under the policy." As the cour...
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