duty to pay
The term "duty to pay" is used to describe the nature of an insurer's defense obligations under directors and officers and employment practices liability insurance policies.
Additional Information
Forms containing duty to pay (or non-duty to defend) provisions require only that the insurer reimburse the insured for funds expended by the insured in defending a claim. In contrast, policies containing "duty to defend" provisions require the insurer to assume control of the claim defense process, including selecting counsel and paying legal bills.
