Sawyer

I concur in reversal of the judgment awarding respondent his attorneys’ fees, because he did not sue appellant bank for breach of the written security agreement which provided for them. As to reversal of the judgment for actual and punitive damages entered on the jury’s verdict, I respectfully dissent.

Respondent did sue the bank for its breach of its oral contract to keep the pickup insured. His complaint alleged the oral contract, its breach by the bank, and that the breach had caused him actual damage in the *141 amount of $2,005.90 (which, according to his proof, was the sum he was required to spend in having the uninsured pickup repaired). He proved the oral contract, which was made when an employee of the bank, at its branch office, promised him that the bank would renew the vehicle insurance if he did not. He testified to the employee’s promise, she corroborated him, and there was evidence that the promise was kept through more than one renewal of the insurance. The jury obviously found, from this substantial evidence, that the oral contract was made. Its breach, and respondent’s consequent damage in the amount of $2,005.90, are not disputed.

The bank’s implied covenant…

Bank of America appeals from a judgment rendered on a jury verdict awarding to respondent damages and attorney’s fees, to compensate respondent for fire damage to his pickup on which insurance coverage had allegedly lapsed because of actionable misconduct on the part of the defendant.

The judgment on the verdict awarded damages as follows:

It had been stipulated that a demand by respondent for attorney’s fees would be determined separately by the court. The court rendered a second judgment, awarding attorney’s fees in the amount of $6,356 to respondent.

*138 Respondent, a farmer, had been a long time customer of appellant bank. Several times over the years he purchased vehicles from Du Pratt Ford in Dixon, financing his purchases through appellant’s local branch. A security agreement would be prepared by the dealer on a form supplied, by appellant. The form contained a provision that “Upon any failure of Buyer to provide insurance, Seller may obtain the same and in such event Buyer will pay to Seller the premium therefor on demand. At option of Seller, such premium together with finance charge shall, without demand, be added to the balance due under the agreement . . .…

Bank of America appeals from a judgment rendered on a jury verdict awarding to respondent damages and attorney's fees, to compensate respondent for fire damage to his pickup on which insurance coverage had allegedly lapsed because of actionable misconduct on the part of the defendant.

The judgment on the verdict awarded damages as follows:

It had been stipulated that a demand by respondent for attorney's fees would be determined separately by the court. The court rendered a second judgment, awarding attorney's fees in the amount of $6,356 to respondent.

Respondent, a farmer, had been a long time customer of appellant bank. Several times over the years he purchased vehicles from Du Pratt Ford in Dixon, financing his purchases through appellant's local branch. A security agreement would be prepared by the dealer on a form supplied by appellant. The form contained a provision that "Upon any failure of Buyer to provide insurance, Seller may obtain the same and in such event Buyer will pay to Seller the premium therefor on demand. At option of Seller, such premium together with finance charge shall, without demand, be added to the balance due under the…