Cited by

Co., see also Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc., ¶¶ 27, 37 (App. 2000) (explaining that fees are authorized “only when the tort could not exist ‘but for’ the breach or avoidance of contract”).

Co., (a statute of limitations defense was waived because defendants failed to raise it before the court issued its judgment); Uyleman v. D.S.

Co., (stating that “[t]he interpretation of an insurance contract is a question of law”).

Co., (stating that “[t]he interpretation of an insurance contract is a question of law”).

Co., ("[A]n action alleging insurer's bad faith is one 'arising out of a contract' within the meaning of [§] 12-341.01(A)."); Assyia v. State Farm Mut.

Co., (holding that although an action for misrepresentation under A.R.S.

Co., (“We agree that it is reversible error to instruct upon a theory which is not supported by facts to be found in the record .

Co., (“Where the language employed is unclear and can be reasonably construed in more than one sense, an ambiguity is said to exist and such ambiguity will be construed against the insurer.”).

Co., (determining tort of bad faith could not be committed without an insurance contract and a breach thereof, and thus, was “so intrinsically related to the contract” that the action arose out of contract); ¶¶ 17-18 (App. 2003) (explaining fee statute applies if a contrac

§ 12–341.01(A) if it could not exist ‘but for’ the contract.” ¶ 17 (App. 2003) (citing Sparks v. Republic Nat’l Life Ins., ).

(citing Sparks v. Republic Nat’l Life Ins., ).

See Jerman v. O’Leary, (citing Sparks v. Republic Nat’l Life Ins., ).

Co. , , 538-39, , 1136-37 (1982) (noting that matters not raised within the superior court are properly not considered on appeal).