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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