ESSEX INS. CO. v. FIVE STAR DYE HOUSE, INC.

No. S131992.

45 Cal.Rptr.3d 362 (2006)

38 Cal.4th 1252

137 P.3d 192

ESSEX INSURANCE COMPANY, Plaintiff, Cross-defendant, and Appellant, v. FIVE STAR DYE HOUSE, INC., Defendant, Cross-complainant, and Respondent.

Supreme Court of California.

July 6, 2006.


Attorney(s) appearing for the Case

Carroll, Burdick & McDonough, David M. Rice, Laurie J. Hepler, Troy M. Yoshino, Don Willenburg, San Francisco, John D. Boyle, Los Angeles, Donna P. Arlow; Murchison & Cumming, Jean M. Lawler, Edmund G. Farrell and Bryan M. Weiss, Los Angeles, for Plaintiff, Cross-defendant and Appellant.

Wiley Rein & Fielding, Laura A. Foggan, Gary P. Seligman, Washington, DC; Sinnott, Dito, Moura & Puebla, Randolph P. Sinnott and John J. Moura for Complex Insurance Claims Litigation Association as Amicus Curiae on behalf of Plaintiff, Cross-defendant and Appellant.

Dodell Law Corporation, Herbert Dodell and Gerald J. Miller, Los Angeles, for Defendant, Cross-complainant and Respondent.

Gianelli & Morris, Robert S. Gianelli, Sherril Nell Babcock, Los Angeles; Ernst & Mattison, Don A. Ernst and Raymond E. Mattison, San Luis Obispo, for Consumer Attorneys of California as Amicus Curiae on behalf of Defendant, Cross-complainant and Respondent.


KENNARD, J.

In Brandt v. Superior Court (1985) 37 Cal.3d 813, 210 Cal.Rptr. 211, 693 P.2d 796 (Brandt), this court held that in a tort action against an insurance company for breach of the duty of good faith and fair dealing, an insured may recover as damages those attorney fees that are incurred in the same action and are attributable to...

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