Tender of Defense Letter Template
[Your Name / Company Name / Law Firm Name]
[Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
Date: [Date]
To: [Recipient Name / Company Name / Insurance Carrier / Indemnitor]
[Department or Contact Name, if known]
[Address]
[City, State, ZIP Code]
Re: Tender of Defense
Claim / Lawsuit: [Case Name / Claim Name]
Claim Number: [Number, if applicable]
Policy Number / Contract Reference: [Number, if applicable]
Dear [Recipient Name or Sir/Madam],
1. Purpose of Letter
Please accept this letter as a formal tender of defense in connection with the claim, lawsuit, demand, or proceeding identified above.
The undersigned requests that you immediately assume and provide a full defense for:
[Name of person, company, or entity seeking defense]
2. Basis for Tender
This tender is made based on the following:
☐ insurance policy
☐ additional insured status
☐ indemnity agreement
☐ defense and indemnity clause in a contract
☐ other basis: [Describe]
Relevant agreement, policy, or clause:
[Describe the policy, contract, endorsement, or provision supporting the defense demand]
The claim, lawsuit, or proceeding is described as follows:
Case Name: [Case Name]
Court or Forum: [Court / Agency / Arbitration Forum / Other]
Case Number: [Case Number, if applicable]
Date claim or complaint was received: [Date]
Summary of allegations or claims:
[Describe the allegations, incident, demand, or basis of the claim]
4. Party Seeking Defense
The party tendering defense is:
Name: [Full Name / Company Name]
Address: [Address]
Relationship to matter: [Insured / Additional Insured / Indemnitee / Contractor / Subcontractor / Other]
5. Demand for Defense
The undersigned hereby tenders defense of this matter and requests that you:
accept the tender in writing;
confirm that you will provide a defense;
identify appointed defense counsel, if applicable;
confirm whether the defense will be provided under a reservation of rights, if any;
advise immediately if you contend that no defense obligation applies.
This tender includes defense of all claims to the extent required by the applicable policy, contract, endorsement, or indemnity obligation.
6. Request for Indemnity, if Applicable
In addition to defense, the undersigned also requests, if applicable:
☐ indemnity for covered liability
☐ reimbursement of defense costs already incurred
☐ coverage of fees, costs, and expenses going forward
☐ other related relief: [Describe]
Additional details:
[Insert details]
7. Defense Costs Already Incurred
To date, the following defense costs or related expenses have been incurred, if applicable:
[Attorney fees]
[Investigation costs]
[Expert or consultant fees]
[Other litigation expenses]
Amount incurred to date, if known:
[$Amount]
This request includes reimbursement to the extent allowed by the applicable policy, contract, or law.
8. Attached Documents
The following documents are enclosed or available in support of this tender:
☐ complaint or petition
☐ demand letter
☐ summons
☐ contract or indemnity agreement
☐ insurance policy or endorsement
☐ incident report
☐ correspondence relating to the claim
☐ other: [Describe]
9. Request for Prompt Response
Please provide a written response to this tender no later than:
[Date]
If you contend that the duty to defend does not apply, please state in writing all reasons for that position and identify the policy, contract, or factual basis you rely upon.
10. Reservation of Rights
By sending this tender, the undersigned does not waive any rights, claims, defenses, privileges, remedies, or positions that may exist under the applicable contract, policy, endorsement, statute, or law.
All such rights are expressly reserved.
Please direct all communications regarding this tender to:
[Name]
[Title]
[Company / Law Firm]
[Address]
[Phone Number]
[Email Address]
12. Closing
Thank you for your prompt attention to this matter. This letter is intended to provide formal notice and demand that you assume the defense obligation described above.
Sincerely,
Signature: __________________________
Name: [Full Name]
Title: [Title]
Date: [Date]
13. Copy Notice
Copy to:
[Client / Counsel / Broker / Adjuster / Other Recipient]
