What is the insurer's duty to defend against a plaintiff who is not covered by the policy?

Waite v. Aetna Casualty & Surety Co., 467 P. 2d 847 (Wash. S.C., 1970) was relied on by the third party. There a lawsuit was brought against the appellant involving several claims, some of which it was conceded were not covered by the policy and some of which were within the coverage. The court defined the insurer's duty in these terms at p. 851: It had an obligation and a right, under the provisions of its policy of indemnity insurance, to conduct the defense against those claims which came within the policy coverage, but it had neither the duty nor the right to defend against the claims which were undisputedly outside the coverage, and, at p. 853, the court stated: In the case of the claims which were clearly not covered, the Respondent had neither the right nor the duty to defend. [my emphasis]