Which insuring agreement provides the duty to defend the insured against claims?

The insuring agreement that provides the duty to defend the insured against claims is often one that specifically outlines the obligation of the insurer to defend the insured in legal matters. This duty to defend is a key aspect of many liability insurance policies, as it means that the insurer must provide legal representation and cover legal costs when a claim is made against the insured, even if the claims are factually incorrect or legally unsound.

In the context of commercial insurance policies, the insuring agreement that specifies this duty is critical because it serves as a protective measure for the insured. It ensures that the financial burden of legal defense does not fall entirely on the insured while also affirming the insurer's commitment to protect the insured’s interests. This means that the insurer will actively engage in the defense process — hiring attorneys, evaluating claims, and managing legal strategies.

While there may be other insuring agreements referenced, they may not include this critical element of the duty to defend. Understanding which specific insuring agreement encompasses the duty to defend can help insured parties assess their coverage effectively, as this is a significant advantage in risk management and protection against unforeseen legal actions.