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Insurer's Duty to Defend How to Avoid Waiver and Estoppel

As with any other contract, parties to an insurance contract owe a variety of duties to each other which are imposed by the express terms of the contract and some of which are implied by law. Generally, in a liability insurance contract, the two principal duties of the insurer are the duty to defend the insured against a suit and the duty to pay or indemnify the insured for a settlement or judgment of a covered claim. This article focuses upon the insurer’s duty to defend, what triggers it and how the principles of waiver and estoppel may be used against the insurer to expand an insurer’s duty to defend and indemnify under Illinois law. 

If you have any questions, please contact Tressler Partners James R. Murray at jmurray@tresslerllp.com or 312.627.4039; Todd M. Rowe at trowe@tresslerllp.com or 312.627.4108; or Associate Aon Hussain at ahussain@tresslerllp.com or 312.627.4162.

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