US liability insurance: the duty to defend and indemnify—coverage triggers, burden of proof, and practical checklists for policyholder and insurer lawyers
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Checklists
This checklist outlines the key obligations an insurer undertakes within an insurance policy. The duty to defend captures an insurer’s responsibility to furnish an insured with a defence to claims made under a policy. The duty to indemnify reflects an insurer’s responsibility to pay a claim for loss or damage asserted against an insured. For added insight into these concepts, see Practice Note: US—duty to defend and duty to indemnify. These duties arise under policy wording.
The starting point
Counsel advising clients, whether the policyholder or the insurer, should begin by obtaining the insurance contract. Insurers draft bespoke contracts, called insurance policies, that provide certain cover to insureds and set certain duties for insurers when a covered loss occurs. Covered loss is defined in each form of policy and will vary depending on the type of policy sold to an insured. The two principal duties an insurer typically owes an insured are the duty to defend and the duty to indemnify.
Finding the two duties
The duty to defend is a term describing an insurer’s obligation to provide an insured with a defence to claims brought under an insurance policy, as set out within the contract of insurance.
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Web page updated on 20/05/2026
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