There are different views among the courts as to when the duty to defend is triggered under a liability insurance policy. South Carolina has given the usual answer, for example.
"In South Carolina, the duty to defend arises when a covered lawsuit is filed—not when the insured gives notice of that suit or demands a defense." Harriman v. Assoc. Indus. Ins. Co., 91 F.4th 724, 729 (4th Cir. 2024) (emphasis by the Court).
The many cases on the subject are discussed in 1 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH §§ 3:51 through 3:54 (West Publishing Co. 3d Edition, 2024 Supplements in process).
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