14.15.3 Attorneys' Fees.

JurisdictionArizona

14.15.3 Attorneys’ Fees. Attorneys’ fees are generally not awardable in claims against insurance producers because the cause of action sounds in negligence and does not arise out of a contract.208 The “arising out of a contract” requirement was analyzed in the professional liability context in Barmat v. John and Jane Doe Partners A-D.209 Plaintiff there argued that its successful tort claim for legal malpractice arose out of its contract for legal services because the law implies a duty of due care into every professional contract.210 In rejecting this argument, the court explained: “[W]here the implied contract does no more than place the parties in a relationship in which the law then imposes certain duties recognized by public policy, the gravamen of the subsequent action for breach is tort, not contract.”211 Thus, the claim did not arise out of a contract for purposes of A.R.S. §12-341.01 and the plaintiff was not entitled to seek attorneys’ fees.212

Nor is...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT