Who can sue a defense lawyer?

/ 18.Apr, 2011

In these tight financial times, insurance companies continue to look for ways to recoup their losses.  Legal malpractice claims based upon equitable subrogation or assignments of rights are becoming more frequent.  The Mississippi Court of Appeals, ruling in a very unsettled area of the law, recently found that an excess insurer could sue its insured’s lawyers for malpractice via equitable subrogation.  The Mississippi Court includes a nice discussion of the various approaches taken by states, including those that have allowed such actions (Missouri, Illanois, Texas, and New York), and those which have disallowed such claims (Arkansas, Connecticut, Colorado, Indiana, Michigan, and Kentucky).  This is an expanding area for the professional liability defense practitioner with no consensus as to approach.  The Mississippi Court’s decision can be found at:

Josh J.T. Byrne, Esquire