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.