Duty to defend from a malicious prosecution under our umbrella coverage?

[olrena]

What is the name of your state (only U.S. law)? California

Our insurance carrier has denied coverage to reimburse legal fees costs to defend five restraining orders that were maliciously filed against all members of our family. All five restraining orders were dismissed, they were outrageous lies. Our policy has a clause to defend malicious prosecution, libel and slander.
The insurance company claims that defending the false allegations does not represent a loss as there was no monetary demand.

 

[ecmst12]

I would agree, you were not sued, a restraining order is a criminal proceeding.

 

[moburkes]

What is the name of your state (only U.S. law)? California

Our insurance carrier has denied coverage to reimburse legal fees costs to defend five restraining orders that were maliciously filed against all members of our family. All five restraining orders were dismissed, they were outrageous lies. Our policy has a clause to defend malicious prosecution, libel and slander.
The insurance company claims that defending the false allegations does not represent a loss as there was no monetary demand.

Plus, an umbrella policy kicks in when the homeowners insurance's liability is exhaused. Your post doesn't indicate that your HO policy even paid.