ARCH INSURANCE COMPANY
v.
KUBICKI DRAPER, LLP
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The Fourth District Court of Appeal reversed its prior decision in Arch I after the Florida Supreme Court answered a certified question regarding insurer standing. The Supreme Court held that an insurer with a contractual subrogation provision has standing to maintain a legal malpractice action against counsel hired to represent the insured, even absent privity between the insurer and counsel.
The insurer has standing to maintain a legal malpractice action against counsel hired to represent its insured where the insurer is contractually subrogated to the insured's rights under the insurance policy. Privity between the insurer and counsel is not required when subrogation rights exist.
[1] An insurer may establish standing to pursue a legal malpractice action against counsel hired to represent the insured through a contractual subrogation provision that sub…
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Join FLexlaw to unlock all legal intelligenceArch Insurance Company hired Kubicki Draper, LLP to represent its insured in a matter. The insurer later sought to bring a legal malpractice action ag…
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GERBER, J.
In our original opinion, Arch Insurance Co. v. Kubicki Draper, LLP, 266 So. 3d 1210 (Fla. 4th DCA 2019) (“Arch I”), we affirmed the circuit court's final judgment granting the appellee law firm's motion for summary judgment, on the ground that the insurer lacked standing to maintain a legal malpractice action against the law firm hired to represent its insured, because the insurer was not in privity with the law firm. Id. at 1215. We also certified to our supreme court the following question of great public importance: “Whether an insurer has standing to maintain a malpractice action against counsel hired to represent the insured where the insurer has a duty to defend.” Id.
On review, our supreme court rephrased the certified question as follows: “Whether 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.” Arch Insurance Co. v. Kubicki Draper, LLP, 46 Fla. L. Weekly S155, 2021 WL 2232083, at *1 (Fla. June 3, 2021) (“Arch II”). After concluding that “the insurer has standing to maintain a legal malpractice action against counsel hired to represent its insured where the insurer is contractually subrogated to the insured's rights under the insurance policy,” our supreme court answered the rephrased certified question in the affirmative, quashed Arch I, and remanded for proceedings consistent with Arch II. Id. at *5.
Based on the foregoing, we reverse the circuit court's final judgment granting the appellee law firm's motion for summary judgment, and remand for proceedings consistent with Arch II.
Reversed and remanded.
FORST and KLINGENSMITH, JJ., concur. * * *
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Citator
Cited By
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Arch Ins. Co. v. Kubicki Draper, LLP, 46 Fla. L. Weekly S155 (Fla. 4th DCA 2021)
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Arch Ins. Co. v. Kubicki Draper, LLP, 318 So. 3d 1249 (Fla. 2021)
Authorities Cited
- Volusia Cnty. v. Aberdeen AT Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000)
- Angel v. Oberon Inv., N.V., 512 So. 2d 192 (Fla. 1987)
- Espinosa v. Sparber, 612 So. 2d 1378 (Fla. 1993)
- Johnson v. State, 78 So. 3d 1305 (Fla. 2012)
- Barnett v. Fla. Dep't OF Mgmt. Servs., 953 So. 2d 461 (Fla. 2007)
- Cowan Liebowitz & Latman, P.C. v. Kaplan, 902 So. 2d 755 (Fla. 2005)
- Hartford Ins. Co. of Midwest v. Koeppel, 629 F. Supp. 2d 1293 (M.D. Fla. 2009)
- Arch Ins. Co. v. Kubicki Draper, LLP, 46 Fla. L. Weekly S155 (Fla. 4th DCA 2019)