Because of its importance to both policyholders and insurers, the duty to defend has been - and continues to be - extensively litigated. This book analyzes key aspects of the duty to defend in a practical fashion. It is a day-to-day resource for lawyers for both insurers and policyholders, as well as for courts. The book begins in Chapter One with a discussion of fundamental aspects of the duty to defend and concludes in Chapter Eleven with an examination of nonexecution agreements and consent judgments. The chapters in between cover insurers' defenses under reservations of rights and nonwaiver agreements; conflicts of interest in insurance defense; insurers' occasional duty to defend offensively, that is, to prosecute counterclaims, crossclaims, and third-party claims on insureds' behalf; insurers' duty to defend post-judgment proceedings in trial courts and their duties to defend and prosecute appeals; the termination of the duty to defend; the often controversial subject of insurers' right to recoup defense costs incurred in connection with uncovered claims or causes of action; the allocation of defense costs; the consequences of an insurer's breach of the duty to defend; and defenses under defense-cost-indemnification polices. The authors of these chapters are gifted lawyers and scholars with deep experience in the issues on which this book trains a lens.

About the Editors:

Doug Richmond is a Senior Vice President with the Lockton Companies, where he consults with Lockton's law firm clients on professional responsibility and liability issues. Before joining Lockton, Doug was a Managing Director in Aon's Professional Services Practice (2004-2024). Prior to his time at Aon, Doug was a partner with Armstrong Teasdale LLP in Kansas City, Missouri (1989-2004), where he had a broad trial and appellate practice. In his time at Armstrong Teasdale, he tried over 40 major cases as "first chair" and was often engaged to handle appeals of cases tried by other lawyers. In 1998, he was named the nation's top defense lawyer in an insurance industry poll as reported in the publications Inside Litigation and Of Counsel. He is a former member of both the ABA's Standing Committee on Lawyers' Professional Liability and the ABA's Standing Committee on Ethics & Professional Responsibility. He is also a member of the American Bar Foundation, American Law Institute (ALI), American Board of Trial Advocates (ABOTA), International Association of Defense Counsel (IADC), and Federation of Defense and Corporate Counsel (FDCC). Doug has also been selected to The Best Lawyers in America in the areas of legal malpractice, personal injury litigation, and railroad law. In 2003, the Euromoney Legal Media Group named him as one of the nation's top insurance and reinsurance lawyers. Doug is the lead author of the book Professional Responsibility in Litigation (3d ed. 2021), and the co-author of an insurance law treatise, Understanding Insurance Law (6th ed. 2018) and an insurance law casebook, Cases and Materials on Insurance Law (9th ed. 2021). He is also a named editor of the New Appleman Insurance Law Practice Guide. He has published more than 100 articles in university law reviews, and many more articles in other scholarly and professional journals. Doug teaches Legal Ethics at the Northwestern University School of Law; Insurance Law and seminars on Liability Insurance Law and Legal Malpractice at the University of Florida College of Law; and Legal Malpractice at the Texas A&M University School of Law. He previously taught Trial Advocacy and Insurance Law at the University of Kansas School of Law, and Insurance Law and a seminar on Damages at the University of Missouri School of Law. Doug earned his J.D. at the University of Kansas, an M. Ed. from the University of Nebraska, and his B.S. from Fort Hays State University.

Samuel J. Arena, Jr. serves as Senior Counsel in the Philadelphia office of Stradley, Ronon, Stevens & Young, LLP, having concentrated his practice on insurance law and fidelity and surety law during his 40-plus year career with the firm. A leader in Stradley Ronon's insurance practice group, he has represented insurance companies nationally in all phases of complex insurance coverage, extra-contractual liability, and fidelity and surety matters. He is a Fellow of the American College of Coverage Counsel and an Adjunct Professor of Law at Villanova University School of Law, where he teaches Advanced Insurance Law: Coverage Disputes and serves as a Guest Lecturer for, and has taught, the law school's principles of insurance law course, Insurance Law and Policy. Sam remains abreast of developments in insurance law and the insurance industry through his academic service at Villanova University School of Law, his active participation in a number of American Bar Association and insurance industry organizations, and as a frequent speaker, author, panelist, and panel moderator. He graduated magna cum laude from Ursinus College and cum laude from Villanova University School of Law. In law school, Sam served as an Associate Editor of the Villanova Law Review, was a member of the Order of the Coif, and received the Dr. Arthur Clement Pulling Award for his contributions to the Villanova Law Review and the Hyman-Goodman Award for his contributions to the School of Law through his academic and extracurricular achievements. He has been recognized by The Best Lawyers in America; Pennsylvania Super Lawyers; Martindale-Hubbell (AV Preeminent Rating); and the American Bar Association as a recipient of the ABA's Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law.