Section 14.33 Duty to Defend
| Library | Insurance Practice 2015 |
A duty to defend only arises based on the language in the insurance contract, and therefore, the language is controlling as to when the duty arises. Fireman’s Fund Ins. Co. v. TIG Ins. Co., 14 S.W.3d 230, 232 (Mo. App. W.D. 2000). An insurer determines when it owes a duty to defend by comparing the language of the insurance contract and the allegations in the petition. See Moore v. Commercial Union Ins. Co., 754 S.W.2d 16, 18 (Mo. App. E.D. 1988). When the petition alleges facts that state a claim potentially within the...
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