Civil Litigation,
Insurance
Apr. 21, 2017
Proving attorney fees in insurance coverage disputes
One question that typically arises when an insured seeks to recover fees is: What "proof" must an insured offer regarding the attorney fees it has incurred?
Kirk A. Pasich
Partner and Co-Leader of the Insurance Recovery Group
McGuireWoods LLP
Phone: (310) 956-3462
Email: kpasich@mcguirewoods.com
Loyola Law School
Insureds often ask their liability insurers to pay for attorney fees that they incur in the defense of potentially coverage claims. They also typically ask insurers to pay for their attorneys' fees incurred in coverage disputes. This latter request is made pursuant to the California Supreme Court's decision in Brandt v. Superior Court, 37 Cal. 3d 813 (1985). There, the court held: "When an insurer's tortious conduct reasonably compels the insured to retain an attorney to obtain th...
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