In a personal injury action, is a plaintiff entitled to a special protection against the award of attorney fees?

California, United States of America


The following excerpt is from Coleman v. Gulf Ins. Group, 226 Cal.Rptr. 90, 41 Cal.3d 782, 718 P.2d 77 (Cal. 1986):

6 The necessity for special protection is also reflected in an exception to the general rule against the award of attorney fees in civil actions--the allowance of compensation to insurance claimants for attorney fees incurred in obtaining benefits withheld by insurers in bad faith. (See Brandt v. Superior Ct. (1985) 37 Cal.3d 813, 210 Cal.Rptr. 211, 693 P.2d 796; Mustachio v. Ohio Farmers Ins. Co. (1975) 44 Cal.App.3d 358, 118 Cal.Rptr. 581.)

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