My colleagues Rina Carmel, Karin Aldama and I authored an article entitled, "Determining Whether and When the Duty to Defend Ends."  The article appears in the current edition of Coverage, published by the Insurance Coverage Litigation Committee of the ABA. The article is here.

    The article discusses common issues that arise in determining whether the duty to defend has ended. It begins with a review of exhaustion and whether and when the underlying action is deemed final for purposes of the duty to defend. Next, it explores settlement; in particular, settlement of less than the entire underlying action. It then discusses an insurer’s options if the policyholder fails to cooperate. Finally, the article addresses withdrawal procedures, including the formal options of declaratory relief and interpleader as well as informal withdrawals by letter.