ALBERT BRANDT, Petitioner,
v.
THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; STANDARD INSURANCE COMPANY, Real Party in Interest.
Supreme Court of California.https://leagle.com/images/logo.png
January 28, 1985.
January 28, 1985.
Attorney(s) appearing for the Case
COUNSEL
Neil M. Levy, Gordon S. Churchill and Robert J. Kaplan for Petitioner.
No appearance for Respondent.
Gibson, Dunn & Crutcher, John H. Scharer, Michael G. Yoder and Eloise S. Hock for Real Party in Interest.
Adams, Duque & Hazaltine, James L. Nolan, Martha G. Bannerman, Rogers, Joseph, O'Donnell & Guinn, Joseph W. Rogers, Jr., and Leo F. Orenstein as Amici Curiae on behalf of Respondent and Real Party in Interest.
Supreme Court of California.
OPINION
KAUS, J.
(1a) When an insurer tortiously withholds benefits, are attorney's fees, reasonably incurred to compel payment of the policy benefits, recoverable as an element of the damages resulting from such tortious conduct?1 We hold that they are and accordingly issue a writ of mandate directing the trial court to reinstate the portion of the complaint seeking attorney's fees as damages...
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