Is Planet Bingo permitted to proceed on a claim for attorney fees that it had had to incur to obtain the defense and indemnity?

California, United States of America


The following excerpt is from Planet Bingo LLC v. Burlington Ins. Co., 276 Cal.Rptr.3d 348, 62 Cal.App.5th 44 (Cal. App. 2021):

6 Planet Bingo did not argue, in opposition to the motion for summary judgment or on appeal, that it should be allowed to proceed on a claim for the attorney fees it had had to incur to obtain the eventual defense and indemnity. (See generally Brandt v. Superior Court (1985) 37 Cal.3d 813, 210 Cal.Rptr. 211, 693 P.2d 796.) Thus, it has forfeited any such contention for purposes of this appeal. We do not decide whether it has forfeited it for purposes of further proceedings.

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