Essex Insurance Co. v. Five Star Dye House Book Reviews

Essex Insurance Co. v. Five Star Dye House by Colorado Supreme Court Book Summary

In Brandt v. Superior Court (1985) 37 Cal.3d 813 (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 the attorneys efforts to recover policy benefits that the insurer has wrongfully withheld. We reasoned that when an insurers tortious conduct consists of depriving its insured of policy benefits, the attorney fees that the insured reasonably and necessarily incurs to obtain those policy benefits constitute an economic loss proximately caused by the insurers tort, and thus those attorney fees (now commonly referred to as Brandt fees) are recoverable as tort damages. (Id. at pp. 817-819.)

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Essex Insurance Co. v. Five Star Dye House (Colorado Supreme Court) Book Reviews 2024

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