The following excerpt is from Millennium Labs., Inc. v. Darwin Select Ins. Co., Case No. 12-cv-2742 BAS (KSC) (S.D. Cal. 2014):
Under Brandt v. Superior Court., "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
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expense. The attorney's fees are an economic lossdamagesproximately caused by the tort." Brandt v. Superior Court, 37 Cal. 3d 813, 817 (1985). The fees "are recoverable as damages resulting from a tort in the same way that medical fees would be part of the damages in a personal injury action." Id.
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