Duty to indemnify refers to an insurance company’s (insurer’s) obligation to indemnify the insured against any loss or damage when the claim(s) asserted against the insured (policyholder) may be covered by a liability insurance policy—which is a policy that may cover claims for personal injury and property damage suffered by third parties.
The duty to indemnify is one of the insurer’s primary duties under most liability insurance policies but is narrower than the duty to defend the insured. The duty to indemnify the insured generally arises at a later date when the liability of the insured is established and a review of the facts developed during the litigation or claims investigation process must be examined to determine if they fall within the insurer’s indemnification obligations under the insurance policy.
In Texas, the duty to indemnify is a contractual obligation of an insurance company to cover the policyholder for any loss or damage claimed by a third party, provided that the claim falls within the scope of the insurance policy. This duty is typically found in liability insurance policies, which may include coverage for personal injury and property damage. The duty to indemnify is narrower than the duty to defend, which is the insurer's obligation to provide a legal defense to the insured against covered claims. The duty to indemnify is triggered when the insured's liability is established, either through a court judgment or settlement that falls within the policy coverage. Texas courts will review the facts and the insurance policy language to determine whether the insurer is obligated to indemnify the insured. This process involves a careful analysis of the policy terms and the specific circumstances of the claim to ensure that it is indeed covered under the policy.
