What Is Failure to Defend?

Failure to Defend

One of the protections provided under an automobile policy, a homeowner’s insurance policy or commercial general liability policy is liability coverage. Liability coverage protects the insured (i.e. you) against a claim or lawsuit resulting from bodily injury or property damage to others. Included in such protection is the insurance company’s promise to defend the insured if sued. In other words, the insurance company assures the policyholder that they will be there to defend them against a lawsuit alleging property damage or bodily injury caused by an insured.

The insurance company’s failure to defend an insured can be a breach of the insurance contract and be bad faith. If there is a claim against an insured, whether it is an automobile accident, a slip and fall on the property, or a dog bite, the insurance company agreed to defend the insured against that claim. If the insurance company refuses to honor its agreement and provides the insured with a defense, it breaches its contract.

If you believe your insurance company improperly refused to provide you defense or is treating you unfairly, contact your Reno Nevada Insurance Attorneys, Leverty & Associates Law Chtd., at (775) 624-5276 for a FREE CONSULTATION. Our goal is to help you understand your rights when dealing with your insurance company.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]