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P1264 Attorney fees incurred by an insured in opposing an insurer's appeal from a judgment enforcing policy provisions are damages resulting from the insurer's initial refusal to pay policy benefits and may be awarded as damages to the prevailing insured (i.e., Brandt fees); appointment of a receiver is not an assignment and does not prevent the receiver from prosecuting personal causes of action held by the person for whom the receiver was appointed, such as a claim for punitive damages.CitationBARON v FIRE INSURANCE EXCHANGE (Receiver's Puni's) 154 CA4 1184 [See: Brandt v Superior Court 37 C3 813; Cassim v Allstate 33 C4 780, P/AT 9/04]
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