Brandt v. Superior Court

37 Cal.3d 813 (1985)

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Nature of the Case

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Facts

Standard Insurance Company issued a group disability income insurance policy to Vicom Associates. Brandt, (P) was insured under that policy as an employee of Vicom. P sustained a loss covered by the policy when he became totally disabled. P made a timely demand on Standard for benefits which it unreasonably refused to pay. P sued Standard for a breach of contract, breach of the covenant of good faith and fair dealing and for violation against statutory prohibitions against unfair claims practices. Under the breach of good faith and fair dealing and the statutory violations, P listed attorney’s fees incurred with the contract cause of action as part of the resulting damage. Standard had the attorney’s fees struck from the complaint. P then filed a mandate proceeding.