Under Lambert v. Commonwealth Title Ins. Co. (1991) 53 Cal.3d 1072, an insured’s suit for breach of the insurer’s duty to defend accrues when the insurer denies a tender of defense of, and the insured incurs defense costs in, the underlying suit against the insured. However, the statute of limitations on the insured’s claim against the insurer is equitably tolled until resolution of the underlying lawsuit against the insured. In this case, the underlying lawsuit over an alleged easement was twice voluntarily dismissed by the claimant before he finally asserted it as a cross-complaint in the insured’s action against the claimant. The insured tendered each of the suits and the cross-complaint to the insurer which denied the claim each time for the same reasons. This decision holds that the statute of limitations on the insured’s action against the insurer was equitably tolled until resolution of the cross-complaint.