(La.App. 1st Cir.11/8/02), 835 So.2d 742, 747-48, and appeal after remand, 2004-0405, pp. 2-3 (La.App. 1st Cir.12/30/04), 898 So.2d 416, 417-18. Although the “benefits claimed or payments obtained” in La. R.S. 23:1208 C(4) includes within its definition “the reasonable costs of investigation and litigation,” it does not expressly list attorney fees as an item included within that definition. Cf. La. C.C. art. 2545 (expressly allowing reasonable attorney fees in addition to reimbursement of reasonable expenses occasioned by a sale and | ^incurred for the preservation of a thing as well as damages to the buyer who purchases from a seller in bad faith); Smith v. Shirley, 2001-1249, pp. 10-11 (La.App. 3d Cir.2/6/02), 815 So.2d 980, 987, writ denied, 2002-0688 (La.5/24/02), 816 So.2d 308 (<HOLDING>). We have found only one case affirming an
holding that a finding of plaintiffs bad faith is not a prerequisite to the trial courts exercise of discretion to award fees holding error to award statutory sanctions where no evidence of bad faith and attorney did not assert frivolous claim or unfounded position for purposes of delay or harassment holding that la cc art 1997 which provides that a bad faith obligor is liable for all damages that are a direct consequence of his failure to perform does not encompass an award of attorney fees since there was no statutory or contractual provision providing for them holding title company liable for bad faith holding that a bad faith claim is a tort