Practitioners have noticed, and have been puzzled by, a schism in the Supreme Court of Hawai`i’s rulings on attorneys’ fees in bad faith actions.  At least one case held that a bad faith action was in the nature of assumpsit and, thus, awarded fees to the insurer from the insured.  Six months later, another case

     The California Supreme Court decided a bad faith case last week. See Wilson v. 21st Century Ins. Co., No. S 141790 (Cal. Sup. Ct. Nov. 29, 2007).  In Wilson, eight months after the plaintiff policy holder was injured, the insurer rejected her demand for payment of the $100,000 policy limit on her