Is there a duty to defend in a motor vehicle accident where there is no potential for a third party to recover on a covered claim?
California, United States of America
The following excerpt is from Dykstra v. Foremost Ins. Co., 14 Cal.App.4th 361, 17 Cal.Rptr.2d 543 (Cal. App. 1993):
"... [T]he duty to defend is indeed a wide-ranging obligation. However, such duty, while broad, is not unlimited. Where there is no potential for the third party to recover on a covered claim, there is no duty to defend. [Citations.]" (Devin v. United Services Auto. Assn. (1992) 6 Cal.App.4th 1149, 1157, 8 Cal.Rptr.2d 263.)
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