California Supreme Court July 25, 2005, No. S123766 (Scottsdale Insurance v. MV Transportation)

*649Opinion

BAXTER, J.

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?