Actual notice triggers the duty to defend.
When there is a loss, there are two notices requirements. One is notice of a loss and the other is the notice of a lawsuit. Unfortunately these notices are routinely incorrect. If you are the owner and a contractor’s employee was injured you should make the effort to notify all of the insurers of the loss. Don’t count on the additional insured’s counsel or loss department to notify anyone. Send the notice and do it in writing to the insurer and not just the producer. Best practice is to review the policy and when in doubt, directly notify the insurer.
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