Roddis
Roddis v. All-Coverage Insurance Exchange Automobile & Fire
Opinion
Opinion
Hufstedler, J.
Strong appeals from an order denying his application for attorney’s fees for his representing All-Coverage Insurance Exchange Automobile and Fire (“Exchange”) and its attorney-in-fact, All-Coverage Underwriters, Ine. (“Underwriters”), in their efforts to terminate the Insurance Commissioner’s conservatorship of both organizations, contending that the trial court did not give him a “full hearing” on his applications for fees and that the trial court abused its discretion in refusing to award him reasonable fees from the insolvents ’ assets in the conservator’s hands.
The principles of law controlling an award of attorney’s fees in resisting conservatorship are stated in McConnells. All-Coverage Ins. Exchange (1964) 229 Cal.App.2d 735 [ 40 Cal.Rptr. 587 ], a case affirming an award of attorneys’ fees and expenses in favor of the attorneys who initially handled the litigation for the same clients, Exchange and Underwriters, at the threshold of the same conservatorship: The trial court in its discretion may award reasonable attorneys’ fees to counsel for a company defending itself against conservatorship if, considering all of the facts and circumstances in the particular case, the…