To Defend or Not to Defend: That is the Question

Failing to defend or otherwise participate in the defense of an insured where coverage is declined, while something we caution against doing, is not uncommon among insurers. However, the recent unpublished decision in the case of Hamilton Specialty Ins Co v Transition Investment LLC, 2020 WL 3397743 (CA 6, 2020), is an example of why such a course of action should very rarely be pursued.

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