Can a plaintiff recover pre-tender defense costs from an insurer?

Faust relies on Fiorito v. Superior Court, 226 Cal.App.3d 433, 277 Cal.Rptr. 27 (1990), in which the court held that a voluntary payment provision similar to the one at issue here did not preclude insureds, as a matter of law, from recovering pre-tender defense costs. In ordering the trial court to overrule the insurer's demurrer, the appeals court found that the insureds had alleged sufficient facts in their pleadings to raise a question of fact as to whether the pre-tender expenses were "voluntarily" paid.