• The duty to protect is a term used to describe an insurer’s obligation to provide protection to the insured against claims made under a liability insurance policy. Generally, the insured only needs to establish that there is a possibility of coverage under the policy for the insurer’s duty to protect to arise. Thus, the duty to protect may exist even in cases where coverage is questionable and ultimately not applicable. Implicit in this rule is the principle that the insurer’s duty to protect the insured is wider than his duty to indemnify. In addition, an insurer may be under an obligation to defend its insured against a claim for which no damages are ultimately awarded, and any doubt as to whether the facts support a duty of defense is usually resolved in favor of the insured. For Directors and Officers Liability (D&O) and Employment Practices (EPLI) policies, policies that contain explicit “responsibility to protect” language require the insurer to take control of the claims defense process, including the selection of an attorney and the payment of legal bills. In contrast, the absence of an obligation to defend (or an obligation to pay) policies requires only that the insurer reimburse the insured for the funds spent by the insured defending the claim.