With no explanation, chose the best option from "A", "B", "C" or "D". a contract or statute, trial courts do not have inherent authority to require a losing party to pay the prevailing party’s fees.”). Although both the Builders’ answer and motion requested attorneys’ fees, neither pleading stated a statutory or contractual basis for the attorneys’ fees request. The Polanskys’ only claim was a breach-of-contract claim. In their petition, they sought attorneys’ fees under chapter 38 of the civil practices and remedies code. See Tex. Civ. Prac. & Rem.Code § 38.001(8) (West 2008) (establishing that person may recover re , 910 (Tex.App.-Dallas 2008, pet. denied) (“Section 38.001 does not provide for attorney’s fees in the pure defense of a claim.”); Energen Resources MAQ, Inc. v. Dalbosco, 23 S.W.3d 551, 558 (Tex.App.-Houston [1st Dist.] 2000, pet. denied) (<HOLDING>). Therefore, even if it had been asserted,

A: holding that chapter 38 permits an insured to recover attorney fees from the insurer
B: holding that attorneys could not recover fees in excess of amount billed
C: holding defendant could not recover attorneys fees under predecessor to statute 38001 when defendant did not present contract claim
D: holding defendant that did not present its own claim under chapter 38 could not recover attorneys fees
D.