In what circumstances will a company be able to defend against an insured who is injured in a motor vehicle accident?
California, United States of America
The following excerpt is from Fire Ins. Exchange v. Jiminez, 184 Cal.App.3d 437, 229 Cal.Rptr. 83 (Cal. App. 1986):
In the companion case of Lowell v. Maryland Casualty Co. (1966) 65 Cal.2d 298, 299-300, 54 Cal.Rptr. 116, 419 P.2d 180, the policy provided, inter alia, that " 'with respect to such insurance as is afforded by this policy the company shall ... defend any suit against the insured alleging such injury ... and seeking damages on account thereof, even if such suit is groundless, false or fraudulent.' "
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