What is the duty to indemnify?

The duty to indemnify is the next step after the duty to defend. Let’s say that the insurance company determines that they do, in fact, have the duty to defend you against any claims for bodily injury or property damage. Now, the next step is they look deeper at your policy, they check any case law, look at any statute that may be applicable and determine whether they are really on the hook for paying for these bodily injury or property damage claims being made against you. And there are times where they made this offend you. But ultimately say that your policy does not cover for these particular claims for bodily injury or property damage. They’re being made against you. So, the duty to defend, simply says the insurance company has to defend you in a lawsuit, but the duty to indemnify is whether they’re going to pay for the claims being made against you. If you have questions about the duty to indemnify consult with an experienced insurance claims attorney.

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