MONTANA GUIDE 11
Montana Duty to Defend, Reservations of Rights & Liability Coverage Defense
Liability insurance can include both indemnity protection and a defense obligation. Coverage disputes may involve whether the insurer must defend, whether it may reserve rights while doing so, and how conflicts between the insurer and insured are handled.
- Obtain the liability coverage grant and defense language.
- Preserve any reservation-of-rights letter.
- Compare the allegations and known facts to potentially covered claims.
- Track defense counsel, coverage counsel, and any declaratory-judgment proceedings separately.
The duty to defend and the duty to indemnify are related but distinct questions and should not be collapsed into a single coverage conclusion.
Migration source: VictimsGuide Montana duty-to-defend guide. Verify current Montana law and official authority before reliance.