The court in Burgett, Inc. v. Am. Zurich Ins. Co., 875 F. Supp. 2d 1125 (E.D. Cal. 2012)determined that no pre-tender fees were recoverable under California law since no notice of suit would have been provided to the insurer in such circumstances. The court elected not to address whether the no voluntary payments provision independently barred the obligation to pay pre-tender costs.