Defense Coverage Sample Clauses
The Defense Coverage clause outlines the obligation of one party, typically an insurer or indemnitor, to provide legal defense for another party in the event of a claim or lawsuit covered by the agreement. This clause specifies the scope of legal costs covered, such as attorney fees, court expenses, and related litigation costs, and may detail whether the defending party has the right to select counsel or control the defense strategy. Its core practical function is to ensure that the protected party does not bear the financial or logistical burden of defending against covered claims, thereby allocating risk and providing clarity on how legal defenses will be managed.
Defense Coverage. 1. If a claim is made or a suit is brought against an "insured" for damages because of "bodily injury" or "property damage" caused by an "occurrence" or "personal in- jury" caused by an offense to which this pol- icy applies, we:
a. Will provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent. How- ever, we are not obligated to defend any suit or settle any claim if:
(1) The "occurrence" or offense is cov- ered by other "underlying insurance" available to the "insured"; or
(2) There is no applicable "underlying insurance" in effect at the time of the "occurrence" or offense and the amount of damages claimed or in- curred is less than the applicable deductible amount shown in the Dec- larations.
b. May join, at our expense, with the "in- sured" or any insurer providing "underly- ing insurance" in the investigation, de- fense or settlement of any claim or suit which we believe may require payment under this policy.
c. Will pay any expense incurred for the "insured's" defense, with our written consent, in any country where we are prevented from defending an "insured" because of laws or other reasons.
2. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to settle or defend ends when our limit of li- ability for the "occurrence" or offense has been exhausted by payment of judgments or settlements.
Defense Coverage. Payments under this coverage are in addition to the limits for the Commercial Liability Coverage.
Defense Coverage. 1. If a claim is made or a suit is brought against an "insured" for damages because of "bodily injury" or "property damage" caused by an "occurrence" or “personal in- jury” caused by an offense to which this policy applies, we:
a. Will provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent. How- ever, we are not obligated to defend any suit or settle any claim if:
(1) The "occurrence" is covered by other “underlying insurance” available to an "insured";
(2) There is no applicable "underlying insurance" in effect at the time of the "occurrence" or offense and the amount of damages claimed or in- curred is less than the applicable deductible amount shown in the Declarations.
b. May join, at our expense, with the "in- sured" or any insurer providing "under- lying insurance" in the investigation, defense or settlement of any claim or suit which we believe may require pay- ment under this policy.
c. Will pay any expense incurred for the "insured's" defense, with our written consent, in any country where we are prevented from defending an "insured" because of laws or other reasons.
2. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to settle or defend ends when the amount we pay for damages in judgment or settle- ments resulting from the "occurrence" or offense equals our limit of liability.
Defense Coverage. If Duty to Defend coverage is granted pursuant to Item 8. of the Declarations for this coverage section, the Insurer shall have the right and duty to defend any Claim covered under Insuring Clause 1. of this coverage section, even if any of the allegations are groundless, false or fraudulent. The Insurer's duty to defend shall cease upon exhaustion of the applicable Limit of Liability set forth in Item 2. of the Declarations for this coverage section. If Duty to Defend coverage is not granted pursuant to Item 8. of the Declarations for this coverage section, it shall be the duty of the Insureds and not the duty of the Insurer to defend any Claims. The Insurer shall have the right and shall be given the opportunity to effectively associate with the Insureds in the investigation, defense, and settlement (including the negotiation of a settlement) of any Claim that appears reasonably likely to be covered in whole or in part by this coverage section. SPECIMEN If Duty to Defend coverage is not granted pursuant to Item 8. of the Declarations for this coverage section, the Insurer shall, upon request, advance on a current basis covered Defense Expenses on behalf of the Insureds prior to the final disposition of the Claim. Any advancement of Defense Expenses shall be subject to, and conditioned upon, receipt by the Insurer of a written undertaking by the Insureds that such advanced amounts shall be repaid to the Insurer by the Insureds severally according to their respective interests if and to the extent any such Insured shall not be entitled under the terms and conditions of this coverage section to coverage for such Defense Expenses. The Insureds agree to provide the Insurer with all information, assistance and cooperation which the Insurer reasonably requests, including without limitation attendance at hearings and trials, assistance in effecting settlements, obtaining and giving evidence and obtaining the attendance of witnesses, copies of records, investigations and pleadings. In the event of a Claim the Insureds will do nothing that may prejudice the Insurer's position or its potential or actual rights of recovery. The Insurer may make any investigation it deems necessary. The Insureds agree not to settle or offer to settle any Claim, incur any Defense Expenses or otherwise assume any contractual obligation or admit any liability with respect to any Claim without the Insurer's written consent, which shall not be unreasonably withheld. The Insurer shall not ...
Defense Coverage. Subject to our “limit of liability”
1. If a claim is made or a suit is brought against an “insured” for damages because of “bodily injury” or “property damage” caused by an “occurrence” or “personal injury” caused by an “offense” to which this insurance applies, we:
a. Will provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent. However, we are not obligated to defend any suit or settle any claim if:
(1) The “occurrence” or “offense” is, or was required to be, covered by “underlying insurance” or is covered by any other insurance; or
Defense Coverage. The Insurer shall have the right and duty to defend any Claim covered under Insuring Clause 1 of this coverage section, even if any of the allegations are groundless, false or fraudulent. The Insurer's duty to defend shall cease upon exhaustion of the Limit of Liability set forth in Item 2 of the Declarations for this coverage section. The Insureds agree to provide the Insurer with all information, assistance and cooperation which the Insurer reasonably requests, in- cluding without limitation attendance at hearings and trials, assistance in effecting settlements, obtaining and giving evidence and obtaining the attendance of witnesses, copies of records, investigations and pleadings. In the event of a Claim the Insureds will do noth- ing that may prejudice the Insurer's position or its potential or actual rights of recovery. The Insurer may make any investigation it deems necessary. The Insureds agree not to settle or offer to settle any Claim, incur any Defense Expenses or otherwise assume any contractual obliga- tion or admit any liability with respect to any Claim without the Insurer's written consent, which shall not be unreasonably withheld. The Insurer shall not be liable for any settlement, Defense Expenses, assumed obligation or admission to which it has not consented.
Defense Coverage. 1. If a claim is made or a suit is brought against an "insured" for damages because of "bodily injury" or "property damage" caused by an "occurrence" or "personal injury" caused by an offense to which this Policy applies, we:
a. Will provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent. However, we are not obligated to defend any suit or settle any claim if:
(1) The "occurrence" or offense is covered by other "underlying insurance" available to the "insured"; or
(2) There is no applicable "underlying insurance" in effect at the time of the "occurrence" or offense and the amount of damages claimed or incurred is less than the applicable deductible amount shown in the Declarations;
b. May join, at our expense, with the "insured" or any insurer providing "underlying insurance" in the investigation, defense or settlement of any claim or suit which we believe may require payment under this Policy.
c. Will pay any expense incurred for the "insured's" defense, with our written consent, in any country where we are prevented from defending an "insured" because of laws or other reasons.
2. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to settle or defend ends when our limit of liability for the "occurrence" or offense has been exhausted by payment of judgments or settlements.