In Lazy Acres Market, Inc. v. Tseng (2007) 152 Cal.App.4th 1431, an insured sued its insurer-retained attorney for legal malpractice and breach of fiduciary duty upon allegations that the attorney failed to disclose a conflict of interest among the insureds and failed to provide competent representation. (Lazy Acres, supra, 152 Cal.App.4th at pp. 1433-1434.) The insured retained Cumis counsel whom the insurer refused to pay. (Id. at p. 1434.) The insured sought to recover the unpaid Cumis counsel fees and court costs from the insurer-retained attorney, alleging that the fees and costs incurred in the underlying action resulted from the attorney's misconduct. (Id. at pp. 1434-1435.) A demurrer to the complaint was sustained and the judgment affirmed on appeal. The stated facts were insufficient to show the attorney's alleged misconduct proximately caused any damages. (Id. at pp. 1433, 1436.) The insurer had the duty to pay the fees and costs necessary to defend the action; any damage to the insured was not caused by the attorney but by the insurer's refusal to pay those expenses. (Id. at p. 1436.)