Section 8.14 Obligation to Defend

• Library: Insurance Practice 2015

The carrier has the right and duty to defend suits against the insured. The insurer’s duty to defend is normally determined from the policy provisions and the allegations contained in the petition. Zipkin v. Freeman, 436 S.W.2d 753 (Mo. banc 1968). Some policies provide the insured with the option to select defense counsel. These, however, are generally rare. In most policies the carrier reserves to itself the ability to select defense counsel.

If the carrier provides a defense under a reservation of...