duty to indemnify

The duty to indemnify is a liability insurer’s contractual promise to pay certain civil judgments. “Standard comprehensive or commercial general liability insurance policies provide that the insurer has a duty to indemnify the insured for those sums that the insured becomes legally obligated to pay as damages for any covered claim. The insurer’s duty to indemnify runs to claims that are actually covered, in light of the facts proved. By definition, it entails the payment of money in order to resolve liability. It arises only after liability is established.” (Buss v. Superior Court (1997) 16 Cal.4th 35, 45-46.)

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