Tag Archives: duty to defend

Insurer’s Duty to Defend – All Pleadings Matter

From time to time a situation will arise where there are disputes between an insurance company and a potential insured party as to whether coverage will apply to a particular situation and/or a particular individual or entity (the “Potential Insured”) where the Potential Insured has been claimed against.  For example, a Potential Insured is sued for allegedly causing injury to someone passing in front of his house, but it is unclear if the person was injured on the sidewalk (public property) or the Potential Insured’s property (which is covered by the Potential Insured’s home insurance policy).  The Potential Insured’s insurance company claims that it is not required to defend the claim because the injured party may have been off the Potential Insured’s property at the time the injury took place.