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Legal Definitions - duty-to-defend clause

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Definition of duty-to-defend clause

A duty-to-defend clause is a provision in liability insurance that obligates the insurer to take over the defense of any lawsuit brought by a third party against the insured on a claim that falls within the policy's coverage. This means that if someone sues the insured for something covered by the insurance policy, the insurance company will provide a lawyer and pay for the legal defense.

For example, if a person has liability insurance for their car and gets into an accident, injuring someone else, the insurance company will provide a lawyer to defend the insured if the injured person sues them for damages.

The life of the law has not been logic; it has been experience.

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Simple Definition

A duty-to-defend clause is a part of an insurance policy that says the insurance company must take over the defense of a lawsuit brought by someone else against the person who bought the insurance. This only applies if the lawsuit is about something that the insurance policy covers. A duty is a legal obligation that someone has to do something or not do something. There are different types of duties, like a duty to act to prevent harm to someone else, a duty to be honest and fair, or a duty to pay taxes.

A judge is a law student who marks his own examination papers.

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A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.

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