O'Morrow v. Borad

In O'Morrow v. Borad (1946) 27 Cal.2d 794, O'Morrow because of his insurer's conflict of interest sought a declaratory adjudication that he was entitled to defend, at his insurer's expense, a third-party tort liability action brought against him. The high court agreed, holding the insurer "liable for any judgment, costs of suit, and reasonable attorneys' fees which O'Morrow may incur in defending himself" in the third-party tort liability action. But , the court said(p. 801): "There is no basis for allowing O'Morrow the reasonable expense of counsel in the present suit for declaratory relief. He has not brought himself within any of the few exceptions to the general rule that, in the absence of contract or statutory provision, the services of an attorney must be paid for by the client who employs him."