Is a policy requiring an insurer to pay defense costs for an action where none of the claims are covered?

California, United States of America


The following excerpt is from Toll Bros. Inc v. Onebeacon Ins., G042196, No. 06CC03545 (Cal. App. 2011):

But "in an action wherein none of the claims is even potentially covered, the insurer does not have a duty to defend. [Citations.] This freedom is implied in the policy's language. It rests on the fact that the insurer has not been paid premiums by the insured for a defense. This 'rule'... 'is grounded in basic principles of contract law.' [Citation.]... 'The insurer has not contracted to pay defense costs' for claims that are not even potentially covered. [Citations.]" (Buss v. Superior Court, supra, 16 Cal.4th at p. 47.)

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