in determining whether an insurer has breached its duty to defend is not the raw chronological delay in an insurer’s filing a declaratory judgment action, but whether the insurer waited until trial or settlement was imminent. Westchester Fire Insurance Co. v. Heileman Brewing Co., 321 Ill. App. 3d 622, 634, 747 N.E.2d 955, 965 (2000). In the instant case, Aetna breached its duty to defend at least some of the underlying suits because Aetna did not bring the declaratory judgment action until 11 months after i Rourke for the full amount of the settlements in those cases. For those cases in which the trial court determines that Aetna did not breach its duty to defend, Aetna should be allowed to raise coverage defenses. See Employers Insurance, 186 Ill. 2d at 151-52, 708 N.E.2d at 1135 (<HOLDING>). The court should then determine whether any
holding that duty to defend ends when it is apparent there is no potential for coverage recognizing that policy determines duty holding that insurer had a continuing duty to defend holding that an insurer can normally dispute coverage even after a court determines there is a duty to defend holding where there is no duty to defend there is no duty to indemnify