Mustachio

Plaintiff, Angelo Mustachio, appeals from a $3,100 judgment in his favor. Defendants and respondents are Ohio Farmers Insurance Company (Ohio) and Herbert I. Sutherland, its claims supervisor.

Plaintiff’s complaints relate only to an instruction on the issue of damages and a ruling precluding him from introducing evidence on the issue of attorney’s fees. The facts are stated accordingly.

Facts

Plaintiff’s rental property was insured by defendant insurance company. On April 28, 1969, the property was destroyed by fire. Arson was involved, possibly committed by a former tenant.

Defendants first suspected that plaintiff himself might be responsible for the fire. Sutherland asked one Antone P. Jasich, a private arson investigator who was formerly the head of the arson squad, to investigate and report. Jasich went to see plaintiff at his place of business, a barber shop. Within a few days Jasich reported to Sutherland that there was no indication that plaintiff was involved in setting the fire. (1) (See fn. 1.) Defendants then engaged one DeLeo to prepare an estimate and bid on the cost of repairing plaintiff’s property. DeLeo’s estimate, dated May 26, was $14,164. After…