1188 REVIEW GRANTED In the absence of specific policy language to the contrary, a liability carrier may not recoup from its insured the costs of defending claims for which a potential for coverage existed but which were ultimately determined not to be covered; however, a carrier may recoup the costs allocated to defending claims for which there was never any potential for coverage but which were defended because they were joined with other claims for which there was a potential for coverage.CitationBUSS v SUPERIOR COURT (Non-covered Claims) 42 CA4 1663 [See: Montrose v Superior Court 6 C4 287, T/AT 1/94; Horace Mann v Barbara B 4 C4 1076, T/AT 5/93; Hartford v Superior Court 23 CA4 1774, T/AT 5/94; Haskel v Superior Court 33 CA4 963, T/AT 4/95; Hogan v Midland 3 C3 553]
|
|