Under Maryland Law, the Insurer has the Right to Select Defense Counsel Notwithstanding a Reservation of Rights for Non-Covered Claims
Conflicts between the insurer and the insured can arise from the fact that the duty to defend is much broader than the duty to indemnify. The insurer’s distinct and independent duty to defend its insured is triggered by claims that give rise to the “potentiality” of indemnification under the policy[1]. Litz v State Farm Fire & Casualty Co., 346 Md. 217, 695 A.2d 566 (1997); Fireman’s Fund v Rairigh, 59 Md. App. 305, 320, 475 A.2d 509, 516, cert denied, 310 Md. 176 (1984); Rivera Beach Vol. Fire Co., Supra. As the Maryland Court of Appeals held in St. Paul…