Jake,a surgeon,kills a patient on the operating table.The insurer is not clear if Jake's actions were negligent or if Jake deliberately did something wrong.How can the insurer determine if it has a duty to defend Jake in the lawsuit brought by the patient's family?

Question

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There may be uncertainty as to whether a claim alleged against an insured would fall within the scope of the liability insurance policy.This means it is not clear if the insurer has a duty to defend.Insurers tend to take one of two approaches to resolve this uncertainty.One option is filing a declaratory judgment action against the insured to ask the court to determine whether the insurers owes obligations to the insured in connection with the particular liability claim.

Jake,a Surgeon,kills a Patient on the Operating Table