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

Gaziano, I.

In this case we are called upon to answer three certified questions from the United States Court of Appeals for the First Circuit involving the scope of an insurer’s duty to defend, and whether that duty extends to a counterclaim brought by the insured. For the reasons that follow, we conclude that where an insurance policy provides that the 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 coun*344terclaims on behalf of its insured.2

1. Facts and prior proceedings. We recite the facts…