When Retained Defense Counsel Provide an Incompetent Defense
Judging by my contact with defense counsel, there appears to be a growing trend in the United States where insurers file malpractice suits against counsel retained to defend their insureds. Where the insurer retained defense counsel and there was no reservation of rights, courts have allowed the primary insurer to bring a cause of action against the attorney for malpractice, finding that the attorney represents the insurer, along with the insured, where they have common interests.
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