In Brandt v. Superior Court, 37 Cal.3d 813, 817 (1985), the California Supreme Court recognized an insured’s right to seek recovery of attorneys’ fees incurred to compel the payment of policy benefits unreasonably withheld by the insurer. As the Court explained, the recovery of Brandt fees is predicated on proof of two elements: (1) the insurer’s tortious or unreasonable withholding of policy benefits owed to the insured; and (2) reasonable attorneys’ fees incurred by the insured to compel the payment of the benefits due under the insurance policy.Continue Reading Published Decision Rejects Brandt Fee Claim In “Bad Faith” Suit Seeking Payment of Judgment in Excess of Policy Limits