2014 WL 1246144 (D.Ariz. Mar. 26, 2014) (“An insurer may recover under equitable contribution from only those insurers to whom the insured has tendered the claims at issue.”); St. Paul Fire & Marine Ins. Co. v. Ohio Cas. Ins. Co., CV-11-1954-PHX-SMM, 2014 WL 1285824 (D.Ariz. Mar. 28, 2014) (insurer’s duty to defend arose when defense was tendered). Navigators asserts that there are factual issues as to whether it should recover the whole $107,437.64 in defense costs, but presents no factual issues to justify that assertion. (Doc. 49 at 18.) Nationwide concedes that Navigators “would only be entitled to recover an equitable share of those defense costs that post-date the tender.” (Doc. 35 at 13) (citing Manny v. Anderson’s Estate, 117 Ariz. 548, 550, 574 P.2d 36, 38 (Ct.App.1977) (<HOLDING>).) Navigators asserts that it incurred
holding that insurer had a continuing duty to defend holding the obligation to defend does not arise until the insurer is presented with a complaint holding that where excess policy provided that duty to defend did not arise until the underlying insurance was exhausted by payments of judgments settlements and any cost or expense subject to such limit excess insurers duty to defend did not arise until the payment of the settlement holding that an insurer had a duty to defend the insured until it could establish that those claims were not supported by the facts holding despite authority for the general proposition that the duty to defend is determined based on the allegations of the complaint that an insurer had no duty to defend where the underlying claim was covered by the policy based on the facts pleaded in complaint but other facts not appearing in the complaint excluded coverage