Claims · Insurance Term
Tender of Defense
Definition
A tender of defense is a formal written request asking another party or its insurer to defend you against a lawsuit or claim. Owners commonly tender to a tenant or contractor's insurer when they are named as an additional insured or are protected by an indemnity clause.
In Plain English
Say a customer slips in a tenant's store and sues both the tenant and you. If the lease requires the tenant to protect you, and you are an additional insured on the tenant's policy, you send a tender letter to the tenant and its insurer with the lawsuit and the relevant contract.
The insurer reviews the request against the policy and the duty to defend. It may accept, accept under a reservation of rights, or deny. Sending the tender quickly matters, because delay can hurt your position.
You should also notify your own insurer. Your policy may need to respond while the tender is pending or if it is denied.
Not sure how your policy handles this? Have us review it, or get a quote.
Example
Hypothetical: a delivery driver trips over a contractor's hose at your shopping center and sues you. Your contract with the contractor requires additional insured status. You send the suit, the contract and the certificate to the contractor's insurer, asking it to defend you.
What to Watch For
- Send tenders in writing as soon as you receive a claim or suit.
- Include the complaint, the lease or contract, and any certificate of insurance.
- Notify your own insurer at the same time.
- Ask your attorney or agent to follow up if there is no response.
Last updated October 14, 2026 · Primesure editorial team · How We Write