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Brandt v. Superior Court
California Supreme Court
37 Cal. 3d 813, 210 Cal. Rptr. 211, 693 P.2d 796 (1985)
- Written by Mary Phelan D'Isa, JD
Facts
Brandt (plaintiff) an employee of Vicom Associates sustained a loss that was covered by a group disability income insurance policy issued by real-party-in-interest Standard Insurance Company (Standard). When Standard refused to pay Brandt’s policy benefits, Brandt brought an action for breach of contract and duty and fair dealing and sought as an element of damages the attorney fees that Brandt incurred because of Standard’s alleged tortious withholding of benefits. The trial court granted Standard’s motion to strike the portion of Brandt’s complaint seeking attorney fees. Brandt sought an extraordinary writ of relief.
Rule of Law
Issue
Holding and Reasoning (Kaus, J.)
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