Duty to Advance Defense Expenses Should Mean What It Says Under D&O Policies

When an insurance policy has a “duty to advance,” rather than a “duty to defend,” is it appropriate for an insurer to wait until the conclusion of a claim to advance defense costs? This issue has arisen with more frequency in connection with directors and officers (D&O) liability insurance policies. D&O insurance policies often require insurers to, among other things, advance defense expenses on a current basis before disposition of a claim for which the policy provides coverage.
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