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Claims Journal has a nice roundup of cases on whether a defense counsel retained by a primary insurer has an actionable attorney-client relationship with an excess insurer for purposes of a legal malpractice claim.  Last year we reported on two recent cases which permitted these types of claims, to some degree, despite the fact that they have been traditionally disfavored.  As we have previously noted, this is a fluid area of legal malpractice avoidance which remains a concern for defense attorneys.

-Josh J.T. Byrne, Esquire