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  Liability policies generally contain language promising “to defend any suit against the insured.”

The policies will generally distinguish between a claim and a suit by compelling the insured to give notice of claims as well as suits. Courts usually recognize that there is a difference. A claim can be made without a suit being filed.

A mere statement by a claimant to an insured that he or she was injured as a result of the negligence of the insured is sufficient to give notice of a claim. A “suit,” on the other hand, usually requires the filing of allegations in a court of competent jurisdiction responding to the allegations made in the suit.

Most insurance policies require that the insured promptly or “as soon as possible” report a claim to the insurer even if there is no suit. By so requiring the insurer has the ability to investigate and try to resolve claims before expensive litigation begins.