(1) The assignment to individual policies of the obligation to defend or
indemnify an insured when injury or damage has occurred during a succession
of policy periods. (2) The determination of which elements of defense costs
must be paid by the insurer and which elements may be subject to reimbursement
by the insured, depending on covered and noncovered elements of the suit or
claim brought against the insured. Some courts have ruled that an insurer is
not obligated to pay the cost of defending noncovered elements of a claim.
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