Jake,a Surgeon,kills a Patient on the Operating Table

Jake,a surgeon,kills a patient on the operating table.The insurer is not clear if Jake's actions were negligent or if Jake deliberately did something wrong.How can the insurer determine if it has a duty to defend Jake in the lawsuit brought by the patient's family?

A) Review the terms of the insurance policy.
B) Ask the court to issue a declaratory judgment.
C) It must defend Jake and then ask for subrogation later if the patient's family prevails.
D) The insurer does not need to defend Jake because malpractice policies do not cover instances where the policyholder causes death.

Correct Answer:

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