What is the test for the breach of fiduciary duty alleged against the insurers and Underwriters?

Finally, even though we conclude this action was timely filed in compliance with the one-year suit limitations provision, we must examine whether there is any basis in law for the breach of fiduciary duty theory alleged against both the insurers and Underwriters. We first note that as against Underwriters, this theory is based on the same third-party beneficiary contract theory we found meritless in part I(B), ante, and as such, no adequate basis for this theory is pled. (See Gibson v. Government Employees Ins. Co. (1984) 162 Cal.App.3d 441, 449-451, 208 Cal.Rptr. 511.)