Extrinsic Evidence – 2
For an insurer, the existence of a duty to defend turns not upon the ultimate adjudication of coverage under its policy of insurance, but upon those facts known by the insurer at the inception of a third party lawsuit. Hence, the duty “may exist even where coverage is in doubt and ultimately does not develop.” Saylin v. California Ins. Guarantee Assn., 179
Cal. App. 3d 256, 263, 224 Cal. Rptr. 493 (1986).
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