About this publication
When a claim arrives, having insurance and having coverage aren't always the same thing. An insurer may agree to defend a lawsuit while reserving its position on indemnity, or decline to respond because it says the policy never insured the alleged loss. For a business facing litigation, that distinction is anything but academic.
Drawing on Progressive Homes, Ledcor and the Supreme Court's approach to interpreting contracts, this analysis explains the duty to defend, the limits of faulty workmanship exclusions and the difference between an insurer's claims decision and the protection it actually promised. It also examines what happens when a business relies on insurance to absorb risks that may have been allocated elsewhere.
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