In Doctors' Co. v. Superior Court (1989) 49 Cal. 3d 39 260 Cal. Rptr. 183, 775 P.2d 508, a third party claimant sued an insurer, the attorney retained by the insurer to assist in the defense of the insured against the third party claim, and the insurer's expert witness. The third party claimant alleged a conspiracy to violate Insurance Code section 790.03, subdivision (h)(5). In Doctors' Co., the California Supreme Court decided that the demurrers to the conspiracy cause of action should have been sustained. According to the court, the duty to refrain from violating Insurance Code section 790.03, subdivision (h)(5) was imposed only upon those engaged in the business of insurance. (Doctors' Co., supra, 49 Cal. 3d at p. 44.) Because the complaint did not allege that the attorneys or expert was engaged in the insurance business, the attorney and expert defendants were not bound by section 790.03, subdivision (h)(5). In reaching its decision, the court articulated the basic rule that a conspiracy cause of action cannot lie "if the alleged conspirator, though a participant in the agreement underlying the injury, was not personally bound by the duty violated by the wrongdoing and was acting only as the agent or employee of the party who did have that duty." (49 Cal. 3d at p. 44.) Doctors' Co. held that the attorney and expert defendants were not subject to the duty under the Insurance Code, and were acting merely as agents of the insurer, and "not as individuals for their individual advantage," and therefore they could not be liable for conspiracy. Doctors' Co. also explained that in some circumstances, attorneys could be liable for participating in tortious acts with their clients, and that the liability could be based upon conspiracy. For example, when the attorney acts as an individual for his or her individual gain, conspiracy liability may be imposed. As the court stated, "an attorney who conspires to cause a client to violate a statutory duty peculiar to the client may be acting not only in the performance of a professional duty to serve the client but also in furtherance of the attorney's own financial gain." (Doctors' Co., supra, 49 Cal. 3d at p. 46.)