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  1. The judgment reflects the amount the insured paid for legal representation to defend himself after the insurer declined his tender. Rptr.2d 210, 846 P.2d 792.) Consequently, an insurer's failure to defend a claim can constitute a breach of contract for which the insurer can be liable for the insured's attorney fees, litigation expenses, settlement costs, and the judgment entered against the insured. They are not likely to be in a position to evaluate the financial stability of the insurance company and they have no control over the time at which their claims arise. [The attorney's claim] does not arise out of any insurance policy; instead, it arises out of his contract with [the insurer] for legal services.” (Id. It merely sought to deny access to CIGA's financial resources to third party creditors of an insolvent insurer. 377, 553 P.2d 537.) As CIGA points out, a two-step approach is taken to decide whether CIGA is liable on a claim. There, the insurer issued a workers' compensation policy. He first filed a workers' compensation claim and later filed, relying upon Labor Code section 5814, a petition for a penalty based on the insurer's failure to make timely payments as required by law. In subsequent proceedings, it was conceded CIGA was required to pay the claim for workers' compensation benefits; however, the parties disputed whether CIGA was also liable for the penalty award the workers' compensation judge had issued.