Does a liability insurance policy promise to defend and indemnify the insured against injury claims?

California, United States of America


The following excerpt is from Planet Bingo LLC v. Burlington Ins. Co., 276 Cal.Rptr.3d 348, 62 Cal.App.5th 44 (Cal. App. 2021):

"[A] liability insurance policy's express promise to defend and indemnify the insured against injury claims implies a duty to settle third party claims in an appropriate case. [Citations.]" ( Kransco v. American Empire Surplus Lines Ins. Co. (2000) 23 Cal.4th 390, 401, 97 Cal.Rptr.2d 151, 2 P.3d 1.) "Although an insurance policy normally only carries an express statement of a duty to defend, an insurer's duty to settle is derived from the implied

[62 Cal.App.5th 54]

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