Duty to defend vs Duty to indemnify
From what I understand if the liability coverage is not present in the insurance contract and the insured is sued by third party, there is no duty to indemnify and thus no duty to defend? Would it be possible to have a scenario where there is duty to defend but not indemnify or duty to indemnify but not to defend? If yes, in what circumstances?
Comments
Yes that is right. For your second question, based on the syllabus there is no scenario where there is a duty to defend but no duty to indemnify. I am not sure if there have been other cases outside of the syllabus where there is a duty to defend but not indemnify