Friday, December 12, 2008

NY State Insurance Department on "duty to defend"

In a recently published memo (click here for a full version), the NYSID states that a D&O liability policy may not include a provision that places the duty to defend upon the insured, rather than the insurer.

Click here for a comment by Carrie Cope, a Chicago based lawyer, who disagrees with the department's view both from a legal as well as a practical standpoint.
(via D&O Diary)

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