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In a case that had been pending for almost two years, the Florida Supreme Court has ruled that a professional liability insurer could bring a malpractice claim against appointed defense counsel based on a subrogation claim in its policy. The case is Arch Ins. Co. v. Kubicki Draper, LLP46 Fla. L. Weekly S 155 (2021).

The Florida Supreme Court was tasked with reviewing the Fourth District Court of Appeal’s decision in Arch Insurance Co. v. Kubicki Draper, LLP, 266 So. 3d 1210 (Fla. 4th DCA 2019), in which the Fourth District certified a question “of great public  importance,” which the Florida Supreme Court rephrased and presented as follows: “[w]hether the insurer has standing through its contractual subrogation provision to maintain a malpractice action against counsel hired to represent the insured where the insurer has a duty to defend.”

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