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p0643 Attorney fees awarded to an insured who is successful in a bad faith action against an insurer should be based on fees incurred in obtaining the benefits the insurer was found obligated to pay under the policy, but not on fees incurred in recovering tort damages for the insurer's bad faith. [Note: Consult the opinion for a formula proposed by the Court for determining the award in a case in which the insured had agreed to a contingency fee.]CitationCASSIM v ALLSTATE (Low-level Fraud) 33 C4 780 [See: Cassim v Allstate (RevGrtd) 100 CA4 776, P/AT 9/02; Brandt v Superior Court 37 C3 813]
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