of attorney’s fees for breach of contract. Allstate contends the subject contracts do not contain a fee provision such that no legal basis exists to award attorney’s fees for a simple breach of contract. Plaintiff appears to concede that he may not recover attorney’s fees under his contract claim unless he establishes that Allstate breached the implied covenant of good faith and fair dealing. (Pl.’s Opp’n at 12-13). The Court therefore GRANTS Allstate’s motion to the extent it seeks to preclude Plaintiff from recovering attorney’s fees and costs under the breach of contact claim. (CompLf 14). Plaintiff may, of course, pursue attorney’s fees under his implied covenant claim as permitted by Brandt v. Superior Court, 37 Cal.3d 813, 819, 693 P.2d 796, 800, 210 Cal.Rptr. 211, 215 (1985) (<HOLDING>). III. Conclusion and Order For the foregoing
holding that chapter 38 permits an insured to recover attorney fees from the insurer holding that when the insured brings an action for a declaration of coverage and prevails absent a bad faith denial of coverage by the insurer attorneys fees incurred by the insured in the prosecution of that action are not incurred at the request of the insurer holding that insured may recover attorneys fees from insurer where insurer acts in bad faith holding that an insurer acted in bad faith by failing to keep the insured informed of settlement negotiations holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured