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p0230 REVIEW GRANTED During closing argument, an attorney's suggestion to jurors that the court permitted low level fraud and that they should put themselves in the shoes of plaintiffs instead of basing their verdict on the evidence constituted misconduct that resulted in prejudice to a party, requiring reversal; an insured who successfully recovers in an action for insurance bad faith is entitled to attorney fees incurred in collecting policy benefits, but not to fees incurred in recovering punitive damages.CitationCASSIM v ALLSTATE (Low-level Fraud) 100 CA4 776 [See: Sanguinetti v Moore 36 C2 812; Loth v TruckAWay 60 CA4 757, T/AT 2/98; Brandt v Superior Court 37 C3 813]
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