The correct answer is B. Under Businessowners liability coverage, the insurer ordinarily has both a duty to indemnify for covered damages and a duty to defend the insured against qualifying suits. The defense obligation is broad, but it is not unlimited.
Standard BOP wording provides that the insurer's duty to defend terminates when the applicable limit of insurance has been used up through payment of judgments or settlements. Importantly, merely offering or depositing the policy limit is not necessarily sufficient; exhaustion must occur in accordance with the policy's contractual language.
Option A has no relationship to the policy's defense obligation. Tax-payment status is not a BOP liability-defense trigger. Option C can eventually create policy cancellation or lapse issues if premium obligations are not satisfied, but it does not describe the specific provision controlling termination of defense after a covered liability claim has arisen. Option D is entirely unsupported by the contract: an insurer cannot terminate its contractual defense obligation simply because it considers the insured's prior claim history excessive.
The Series 17-70 outline specifically tests Businessowners liability coverage, limits of insurance, liability exclusions, conditions, and claim handling.
Therefore, once the applicable liability limit has been properly exhausted through judgments or settlements, the duty to defend can end.
Thus, B is correct.
