Duty to defend refers to an insurance company’s (insurer’s) obligation to defend a claim or lawsuit when the claim(s) asserted against the insured (policyholder) may be covered by the insurance policy.

The duty to defend is one of the insurer’s primary duties under most liability insurance policies, and an insured generally only needs to show there is some possibility of coverage for the claim(s) asserted against the insured to trigger the insurer’s duty to defend.

Therefore, the duty to defend against the claim(s) may exist even when coverage for losses or damages is in doubt and a court ultimately determines there is no coverage under the policy. And an insurer may owe a duty to defend its insured against a claim for which there are ultimately no damages awarded.

The duty to defend is determined by (1) the terms of the insured's insurance policy and (2) the facts as pleaded (stated in a lawsuit) by the claimant.

Any doubt as to whether the claims made against the insured create a duty to defend is usually resolved in favor of the insured, requiring the insurer to defend against the claims. Insurance coverage and claims issues are often complex and an insured is usually well-served by promptly discussing these matters with an experienced insurance coverage lawyer.

In Virginia, the duty to defend is a legal obligation of an insurance company to provide a defense for its policyholder when the policyholder is sued for claims that could potentially be covered under the insurance policy. This duty is broad and is triggered if there is any possibility that the claim against the insured falls within the policy's coverage. Virginia law generally favors the insured in cases of ambiguity, meaning that if there is any doubt as to whether the claims might be covered, the insurer is typically required to defend the policyholder. The determination of the duty to defend is based on the language of the insurance policy and the allegations in the complaint. If the terms of the policy are unclear or if the facts alleged in the lawsuit suggest coverage, the insurer must defend the insured. Even if the court later finds that there is no coverage or no damages are awarded, the insurer may still have had a duty to defend. Insured individuals facing such claims should consult with an attorney experienced in insurance coverage to navigate these complex issues and ensure their rights are protected.