Can an insured recover attorney fees incurred in securing his benefits under the insurance contract?

California, United States of America


The following excerpt is from California Fair Plan Assn. v. Politi, 220 Cal.App.3d 1612, 270 Cal.Rptr. 243 (Cal. App. 1990):

An insured may recover those attorney's fees incurred in securing his benefits under the insurance contract as an element of his tort damages in an action for breach of the covenant of good faith and fair dealing. (Brandt v. Superior Court (1985) 37 Cal.3d 813, 817, 210 Cal.Rptr. 211, 693 [220 Cal.App.3d 1618] P.2d 796.) "When an insurer's tortious conduct reasonably compels the insured to retain an attorney to obtain the benefits due under a policy, it follows that the insurer should be liable in a tort action for that expense." (Ibid.) The same damages are not recoverable by an insurer, however, because its action against the insured only sounds in contract.

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