In Bernhard v. Farmers Insurance Exchange, 915 P.2d 1285 (Colo. 1996), the issue was whether an action based on a breach of a quasi-fiduciary duty should be analogized to an action based on the breach of a fiduciary duty and, thus, be treated as an exception to the American Rule. However, the trial court here awarded fees based on the contract exception to the American Rule, not based on the breach of fiduciary duty exception.