Huizar v. Allstate Insurance Co.

Judge DAILEY,

specially concurring:

In Colorado, we adhere to the American Rule, under which each party bears the responsibility for paying its own legal expenses. Bernhard v. Farmers Insurance Exchange, 915 P.2d 1285 (Colo.1996).

This rule is subject to exeeptions, such as where a contract, statute, or rule provides for an award of attorney fees. Bernhard v. Farmers Insurance Exchange, supra.

I join the majority in affirming the award of fees in this case. I write separately, however, because I believe that the award is authorized neither by contract nor by public policy per se, but by statute.

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