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4064 A Court of Appeal ruling that, as a matter of law, there was never a possibility of insurance coverage does not merely extinguish an insurer's duty to defend, but is a finding that such a duty never arose, and the insurer is, therefore, entitled to recover all amounts it expended defending the insured under a reservation of rights.CitationSCOTTSDALE v MV TRANSPORTATION (Reservation of Rights) 36 C4 643 [See: Buss v Superior Court 16 C4 35, T/AT 8/97; AerojetGeneral v Transport 17 C4 38, T/AT 2/98]
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