Wisconsin Supreme Court: “Follow Form” Provision May Trigger the Duty to Defend Under Indemnity Policies
Indemnity policies cover an insured for liability incurred as a result of an “occurrence.” These policies are typically excess, umbrella or reinsurance policies meant to cover losses after the limits of primary insurance policies are exhausted but do not require the insurer to pay the fees and costs of litigation. A different analysis now applies however to indemnity policies that also contain a “follow-form” provision (i.e. that incorporate by reference the terms of a primary policy).