State Supreme Court Clarifies UCL Reach On Insurance Bad Faith Actions, Including A Footnote On Fee Recovery.
In Zhang v. Superior Court, Case No. S178542 (Cal. Supreme Court Aug. 1, 2013), our state supreme court held that common law bad faith insurances cases can be pled and sustained as unfair competition law claims, despite the Moradi-Shalal prohibition.
However, in footnote 4 of the opinion, the California Supreme Court reaffirmed that although the UCL does not have an express fee entitlement in it, plantiffs can win fee recovery under, among other theories, the private attorney general statute.