Liability Policies Expert Witnesses Part 5

Liability policies expert witnesses may testify regarding insurance loss claims, insurance policy coverage, liability policies, and related topics. In The Insurer’s Duty to Defend: A Quick Analysis, attorney Thomas H. Veitch, partner with the law firm of Langley & Banack, Inc. in San Antonio, writes:

The duty to defend is distinct from and broader than the duty to indemnify.

Even though a duty to defend exists, there may be no duty to indemnify.

On the other hand, if there is no duty to defend, there will generally be no duty to indemnify.

An insurer’s duty to defend is triggered if the factual allegations and the pleadings potentially support a covered claim.

When the pleading does not state facts sufficient to clearly bring the case within or without coverage, a determination must be made as to whether or not the complaint is potentially within the coverage of the policy.