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Law of Liability Insurance


Page 79

CHAPTER 9

Defending

9.1 Defending third party claims

In the USA the “insured’s desire to secure the right call on the insurer’s superior resources for the defense of third party claims is, in all likelihood, typically as significant a motive for purchase of insurance as is the wish to purchase indemnity for possible liability”.1 This may well be true in the UK; however, the right is less common. English law premises that normally the third party claim is defended by the person, the insured, against whom the claim was brought.

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