covered under the policy, American did not have a duty to defend the respondents in the underlying lawsuit. Millers, 959 S.W.2d at 869. And, because, under the undisputed facts, there was no duty to defend, the trial court erred in entering partial summary judgment for the respondents on the issue of liability on their claim for breach of the insurance contract. Given our disposition of American’s Point I, we need not address its remaining points in that, having found that American had no duty under the policy to defend the respondents in the Roebuck lawsuit, the respondents would not only not be entitled to judgment for breach of contract, but would not be entitled to judgment for vexatious refusal to pay. See McDonough v. Liberty Mut. Ins. Co., 921 S.W.2d 90, 95 (Mo.App.1996) (<HOLDING>). Conclusion The judgment of the circuit court
holding that when the insurer takes the position that the policy does not cover the complaint the insurer must 1 defend the suit under a reservation of rights or 2 seek a declaratory judgment that there is no coverage if the insurer fails to take either of these actions it will be estopped from later raising policy defenses to coverage holding that under new york law for an insurer to have no duty to defend the court must find as a matter of law that based on the pleadings there was no possible factual or legal basis on which the insurer might eventually be held obligated to indemnify the insured holding that an insurer had no duty to defend in the absence of any cause of action amounting to a potentially covered offense under the  insurance policy holding that a claim against an insurer for vexatious refusal to pay cannot be maintained where the court finds that the insurer has no duty to defend under the policy holding that insurer had a continuing duty to defend