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Attorneys' fees requested and awarded pursuant to statute are not damages caused by an uninsured driver. ¶ 21 Assyia did not request or receive damages in excess of policy limits.6 (App.2009) (“Underinsured motorist coverage arises from contractual liability.”). there would be no claim against the company”) Ariz. Mason, 210 So.2d 474 (.App.1968)) (six-year statute of limitations for written contract actions governs uninsured motorist claims because “ithout the policy. at 16, ¶ 27, 6 P.3d at 321 (“The test is whether the defendant would have a duty of care under the circumstances even in the absence of a contract.”) cf.
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We agree with Assyia that “he tort committed by the adverse driver was simply the trigger for contractual duty.” But for the insurance contract, State Farm would have no duty to compensate Assyia for damages caused by the uninsured driver. 31, 32, 672 P.2d 983, 984 (App.1983)) (“An insurance policy is a contract between the insurer and its insured.”). ¶ 13 Assyia sued State Farm based on her contract with the insurer.As the prevailing party, though, Assyia is awarded her appellate costs upon compliance with ARCAP 21. ¶ 34 Assyia requests attorneys' fees and costs incurred on appeal, citing only ARCAP 21, which does not provide a substantive basis for a fee award.We cannot say the court's ultimate decision “exceed the bounds of reason.” See Associated Indem., 143 Ariz. Although State Farm argued its delay in paying the UM policy limits was due to Assyia's failure to link the August fall to the auto accident in a more timely fashion, the superior court had the discretion to reject this characterization or to conclude, based on the Associated Indemnity factors, that the fee award was nonetheless reasonable. State Farm's somewhat generalized advocacy for a $2500 to $3500 award is unpersuasive. ¶ 29 Once a party establishes entitlement to fees and meets the minimum requirements in an application and affidavit, as Assyia did here, the burden shifts to the party opposing the fee award to demonstrate the impropriety or unreasonableness of the requested fees.An action sounds in tort when a “mere bystander” could recover because the liability exists without a contract. § 12–341.01, the words ‘arising out of a contract’ describe an action in which a contract was a factor causing the dispute.”). ¶ 12 An action sounds in contract when the duty breached is “created by the contractual relationship, and would not exist ‘but for’ the contract.” Barmat v.
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“he trial court has substantial discretion to determine who is a ‘successful party.’ ” Fulton Homes Corp. ¶ 32 A cost award “is mandatory in favor of the successful party.” In re Estate of Miles, 172 Ariz.Place the word 'Blocked' in the subject line. (You can copy and paste from the URL address bar.)Ĥ. Give an example of the web page you are trying to access. Please try to include city, state or province, country, etc.ģ. Inform us of where you are physically located when trying to access this page. If not known simply open a new browser and enter "whats my ip". (The word 'at' was used here to prevent spam.)ġ. Replace the word 'at' with to ensure proper email format.
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