In the world of insurance law, it stands to reason that if there is no duty for an insurance company to defend an insured, there is probably no duty to indemnify the insured. But that’s not so, according to a recent Texas Supreme Court decision.
In Dec. 11′s D.R. Horton-Texas v. Markel International Insurance Co. the high court held “that the duty to indemnify is not dependent on the duty to defend and that an insurer may have a duty to indemnify its insured even if the duty to defend never arises.”
