Florida Supreme Court Holds That Insurer Has Standing to Maintain Legal Malpractice Action Against Retained Defense Counsel

August 4, 2021
Lauren S. Curtis & Ashley Kellgren - Traub Lieberman Insurance Law Blog

In Arch Ins. Co. v. Kubicki Draper, LLP, SC19-673, 2021 WL 2232083 (Fla. June 3, 2021) the Florida Supreme Court held that an insurer has standing to maintain a legal malpractice action against retained defense counsel based on contractual subrogation rights.

Arch Insurance Company (“Arch”) insured an accounting firm that was sued by a client for accounting malpractice. The lawsuit gave rise to a claim under the accounting firm’s professional liability insurance policy with Arch. Under the policy, Arch had a duty to defend and retained counsel to defend the accounting firm. Just before trial, the accounting malpractice lawsuit settled within the policy limits for $3.5 million.

Reprinted courtesy of Lauren S. Curtis, Traub Lieberman and Ashley Kellgren, Traub Lieberman
Ms. Curtis may be contacted at lcurtis@tlsslaw.com
Ms. Kellgren may be contacted at akellgren@tlsslaw.com


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