Gomez

MEMORANDUM **

Javier Ojeda Gomez and his wife, and Jose Gonzalez Oroza (collectively, “officers”), appeal summary judgment in favor of Michigan Millers Mutual Ins. Co. We affirm.

I

The duty to defend is triggered when an insurer becomes aware of, or a third party pleads, facts giving rise to the potential for coverage under the insuring agreement. Waller v. Truck Ins. Exch., Inc., 11 Cal.4th 1, 19 , 44 Cal.Rptr.2d 370 , 900 P.2d 619 (1995). The duty to defend is separate from, and broader than, the duty to indemnify; however, there is no duty to defend if there is no possibility of coverage. Id.

Here, the officers’ tort complaint and extrinsic facts uncovered by Michigan Millers during its investigation did not raise a possibility of coverage under the policy’s insuring provision for “accidents.” Although the complaint alleged negligence-based causes of action, it factually accused John Racich of “drenching [the officers] with gasoline, lighting a match and setting them on fire,” and of “making the unprovoked attack.” This creates no potential for coverage as the conduct alleged is necessarily non-accidental. Cf. Quan v. Truck Ins. Exch., 67 Cal.App.4th 583, 595-96 , 79…