The Puerto Rico courts have continued to recognize that the duty to defend is separate and distinct from the duty to indemnify. For the insured, this means that you may be entitled to a defense even if in the end the policy may likely not cover the outcome. For an insurer, this means that just because a duty to defend has been triggered, it does not mean it is on the hook for any outcome. Whether you are a policyholder, or an insurer, know your rights.
At Colón & Colón, P.S.C., we have fought for the Puerto Rico Supreme Court to recognize the validity and enforceability of hold-harmless clauses, including those where a defense is owed. The underlying facts are important though; if you are owed a defense, we can help leverage the facts to support your claim and present your case persuasively. Do not underestimate how much you can save, because the costs of defending a claim may end up costing you a whole lot more than you expected.