Scottsdale Insurance Co. v. Mv Transportation
115 P.3D 460, 36 CAL.4TH 643, 31 CAL.RPTR.3D 147, 2005 DAILY JOURNAL D.A.R. 8863, 05 CAL. DAILY OP. SERV. 6495, 2005.CA.0006579
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Publisher Description
May a commercial general liability (CGL) insurer obtain reimbursement of its expenses of defending its insured against a third party lawsuit, when it is ultimately determined, as a matter of law, that the policy never afforded any potential for coverage, and that a duty to defend thus never arose? Where, as here, the insurer properly reserved its right to such reimbursement, we conclude that the answer is "yes."