14.15.4 The “Tort of Another” Doctrine.

• Jurisdiction: Arizona

14.15.4 The “Tort of Another” Doctrine. Although insureds generally cannot recover their attorneys’ fees in negligence claims against their insurance producers under A.R.S. §12-341.01, they may do so where they have incurred attorneys’ fees constituting damages under the “tort of another” doctrine. The doctrine is explained in Restatement (Second) of Torts § 914, which states, “[o]ne who through the tort of another has been required to act in the protection of his interests by bringing or defending an action against a third person is entitled to recover reasonable compensation for loss of time, attorney fees and other expenditures thereby suffered or incurred in the earlier action.”²¹⁵ To recover under that doctrine, the plaintiff must show that: 1) he...