Legal Malpractice

The last installment in this series addresses whether a client can claim payments on its behalf by a liability insurer as its malpractice damages. It also addresses certain hypothetical issues posed by the peculiar fact pattern in which an excess carrier sued its insured's lawyer as an assignee when the insured client was satisfied with its lawyer. That "assignee" litigation strategy failed the third-party payor, but could another have gotten the plaintiff past summary judgment?

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