Tender of Defense Law and Legal Definition

It is an act by which one party places its defense, and all costs associated with said defense, on another person or organization. There is usually a contract or other agreement in place requiring that person or organization to take on the defense. This transfers the obligation of the defense and possible indemnification to the party on whom tender was made. This term is usually insurance related. A request by an insured to be defended by the insurer is referred to as a tender of defense. Some cases require a tender of defense to invoke the insurer's duty to defend a claim.