Task: Text Categorization
Input (English): in that 1) brashier has engendered confusion on attorney fee recoverability in um/uim litigation by an insured against his/her insurer; 2) brashier does support insurer's argument that the attorney fee issue should have been submitted to the jury for resolution as an element or item of damage under barnes' tort theory of recovery; 3) brashier misinterpreted the import of christian, supra as to the potential for the recovery of attorney fees in um/uim litigation between an insured and his/her insurer; and 4) brashier, in our view, exhibited an unwarranted deviation from the american rule concerning the allowance of attorney fees, we decide in this case that brashier, to the extent it held a um/uim insured plaintiff is entitled to recover attorney fees as a common law element of damage for an insurer's bad faith refusal to settle a um/uim loss, should be overruled.
Output (English): overruling