No. S123766.

31 Cal.Rptr.3d 147 (2005)

36 Cal.4th 643

115 P.3d 460

SCOTTSDALE INSURANCE COMPANY, Plaintiff and Appellant, v. MV TRANSPORTATION et al., Defendants and Respondents.

Supreme Court of California.

July 25, 2005.

Attorney(s) appearing for the Case

Selman Breitman, Neil Selman, Jan L. Pocaterra, Lynette Klawon, Alan B. Yuter and Rachel E. Hobbs, Los Angeles, for Plaintiff and Appellant.

Wiley Rein & Fielding, Laura A. Fogan, Alicia C. Ritter; Sinnott, Dito, Moura & Puebla, Randolph P. Sinnott and John J. Moura, Los Angeles, for Complex Insurance Claims Litigation Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Greines, Martin, Stein & Richland, Irving H. Greines, Feris M. Greenberger and Robert A. Olson, Los Angeles, for Truck Insurance Exchange, Farmers Insurance Exchange and Fire Insurance Exchange as Amici Curiae on behalf of Plaintiff and Appellant.

Hancock Rothert & Busnhoft, W. Andrew Miller, William J. Baron, Kathryn C. Ashton and Molly K. Kane, San Francisco, for Great American Insurance Company and London Market Insurers as Amici Curiae on behalf of Plaintiff and Appellant.

Heller Ehrman White & McAuliffe, Richard DeNatale, Peter F. McAweeney, David B. Goodwin, San Francisco, Deanna M. Wilcox, Los Angeles; and John Andrew Baird for Defendants and Respondents.

Latham & Watkins, David L. Milliken, Marc D. Halpern and Edward J. Balsamo, San Diego, for Montrose Chemical Corporation of California as Amicus Curiae on behalf of Defendants and Respondents.


May a commercial general liability (CGL) insurer obtain reimbursement of its expenses of defending its insured against a third party lawsuit, when it is ultimately determined, as a matter of law, that the policy never afforded any potential for coverage, and that a duty to defend thus never arose? Where, as here, the insurer properly reserved its right to such reimbursement, we conclude that the answer is...

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