UJI 13-1703A. Existence of duty to defend.

An insurer is under a duty to defend a claim [against its insured] if the facts alleged in the claim [and any other facts known to the insurer about the claim] [and any additional facts that the insurer could have discovered if it conducted a reasonable investigation of the claim] [bring the claim within the coverage terms of the insurance policy] [or] [give rise to a legitimate question about whether coverage exists under the policy terms]. In determining whether the claim potentially falls within the policy coverage, the facts and policy terms are to be considered from the viewpoint of a reasonable insured. [For an insurer that is under a duty to defend a claim against its insured, the duty arises [when the insured makes a demand for a defense of the claim] [or] [when the insurer obtains actual notice of the claim] [, whichever occurs first]. The duty continues to exist unless or until the insurer receives a determination by a court that the claim against the insured is outside the scope of coverage of the insurance policy.] [An insurer has no duty to defend if the claim against the insured clearly falls outside the coverage provided by the policy.] [An insurer is under no duty to defend if the insured affirmatively declines a defense.]