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Insurers need actual notice to require a duty to defend. If you are an insured and you have been served with a lawsuit the first thing you need to do is notify your insurer in writing. If you fail to notify your insurer you will have to prove to the court that you had a good faith reason for the failure. This is becoming harder and harder to do. Great American Ins. Co. v. C.G. Tate Construction Co., 315 N.C. 714 (1986). See also Kubit v. MAG Mutual Ins.
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North Carolina Litigation Blog 
I have had a case where the clients did inform the insurance company right in front of me in my office but failed to get proof that he ever contacted them, as he never got anything in the mail and they had no record of his contacting them.Even though I was witness. So yes it is getting harder and harder to prove that the client was in good faith being honest.