Burnaby v. Standard Fire Insurance

Opinion

VOGEL (Miriam A.), J.

In Brandt v. Superior Court (1985) 37 Cal.3d 813 [210 Cal.Rptr. 211, 693 P.2d 796], our Supreme Court decided that, notwithstanding the limitations on the recovery of attorney fees imposed by *789section 1021 of the Code of Civil Procedure,1 an insured may recover his attorney fees as damages in an action alleging tortious breach of the implied covenant of good faith and fair dealing. In the case before us, the trial court extended Brandt to support an award of attorney fees as an item of costs incurred by an insured in responding to an insurer’s unsuccessful appeal…