FLYER'S BODY SHOP v. TICOR TITLE INS. CO.

Docket No. A029160.

185 Cal.App.3d 1149 (1986)

230 Cal. Rptr. 276

FLYER'S BODY SHOP PROFIT SHARING PLAN, Plaintiff and Respondent, v. TICOR TITLE INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

September 26, 1986.


Attorney(s) appearing for the Case

COUNSEL

Robert Knox, Stanford H. Atwood, Jr., Kevin L. Anderson, Peter Uzzi and Atwood, Hurst, Knox & Anderson for Defendant and Appellant.

James F. Matthews and Matthews, Boehm & Hammon for Plaintiff and Respondent.


OPINION

LOW, P.J.

(1a) A title insurance company which negligently disburses a client's funds in breach of its fiduciary duty is not liable for punitive damages where the evidence fails to show a conscious disregard for plaintiff's rights. (2a) We also hold that it is improper to award attorney fees as damages for the prosecution of a separate tort which is...

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