Mount Vernon Fire Insurance Co. v. VisionAid, Inc.

(dissenting, with whom Lenk, J., joins). In answer to the certified questions submitted by the United States Court of Appeals for the First Circuit, the court concludes “that where the insurance policy provides that an insurer has the ‘duty to defend any claim’ initiated against the insured, the insurer’s duty to defend does not require it to prosecute affirmative counterclaims on behalf of its insured.” I respectfully disagree. Based on the *355language of the insurance policy, an insurer’s “duty to defend any claim” means the duty to defend the insured in “any proceeding initiated against any…