Also known as: tender of defense · tendering defense · defense tender
A tender of defense is a formal demand that another party or its insurer take over defending you in a claim, usually based on an indemnity agreement or additional insured status.
To tender a defense is to formally ask a party who owes you protection, such as your own insurer or a contractor or vendor whose policy names you as an additional insured, to step in and defend a lawsuit or claim on your behalf. In vendor and subcontract disputes, the party seeking protection tenders the defense to the indemnitor's insurer, which then decides to accept, deny, or defend under a reservation of rights. Tendering promptly and in writing is important, because a late tender can jeopardize both your contractual indemnity rights and your own coverage.
A tender of defense is a formal request that another party, or that party's insurer, take over and pay for your defense in a lawsuit or claim. It is usually made because a contract requires the other party to indemnify you or names you as an additional insured on its policy. Once you tender, the other side's insurer will accept the defense, deny it, or agree to defend under a reservation of rights.
Tender as soon as you are named in a claim that a contract makes someone else responsible for, such as work performed by a vendor or subcontractor who named you as an additional insured. Do it in writing and attach the contract and the complaint so the insurer can evaluate its duty quickly. Waiting too long can weaken your indemnity rights and may even prejudice your own coverage, so loop in your broker right away.
Definitions are educational and may be modified by your specific policy language, endorsements, and state rules. For regulatory guidance, refer to the California Department of Insurance or the NAIC.
Last updated: July 2026.