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We Know How to Make Insurers Defend Their Insureds

Most people know that an insurance company must reimburse (indemnify) them if a covered claim is presented against them. But most people do not realize the other corresponding duty that a liability insurance policy imposes on the carrier — the duty to defend its insured.

The duty to defend can be more valuable than the duty to indemnify since the cost of defense, especially in complicated business cases, may exceed the verdict. Insurers know this, and do their best to skirt the duty to defend whenever they can. They issue reservation of rights letters that set forth the reasons for their refusal, and, if unchallenged, the insurer's disregard of its duty to defend can have a significant detrimental effect on an insured's ability to continue the litigation.

How many people or companies have unlimited funds to pay defense costs, even when their position is justifiable?

Rutter & Russin knows how to make insurers live up to their responsibility to defend their insureds.

In addition to the cases we have successfully handled, Bob Rutter has lectured about the duty to defend, and written an article entitled "A Lamb in Wolf's Clothing: The Insurer's Duty to Defend Business Torts."

The insurance company took the position that it had no duty to defend its insured in a racial discrimination case because its EPL (Employer Liability Policy) did not cover such claims. The insured corporation settled the underlying discrimination lawsuit brought by its former employee and then hired Rutter & Russin to sue the insurance company for the cost of the settlement and its substantial attorney fees. Rutter & Russin demonstrated that the insurance company's coverage position was wrong, leading to a settlement of the lawsuit.


If your insurance company is disregarding its duty to defend you need experienced legal help. Rutter & Russin's attorneys have successfully handled numerous duty to defend cases and lectured and written extensively on the topic. Contact us today for a free consultation.

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