Associated Indemnity Corp. v. Warner

HOLOHAN, Chief Justice.

We granted review in this case to clarify the proper construction of the statute governing the discretionary award of attorney’s fees to successful litigants in contract actions, A.R.S. § 12-341.01. 1 Spe cifieally, we are called upon to resolve whether A.R.S. § 12-341.01 establishes a presumption that attorney’s fees be awarded in contract actions. We hold that it does not.

The issue arose in an action for declaratory relief instituted by Associated Indemnity Corporation (Associated) against Jack C. Warner and his wife to determine the scope of coverage under Warners’…