Attorneys who are hired by insurance carriers to defend policyholders from lawsuits have a duty to represent the insured, but the insurer is paying their fees.
Obviously, the insurer has a financial interest in the outcome of the litigation. The insurer has to pay any settlement or award of damages. But if something goes wrong, does the insurer have a right to pursue a malpractice claim against the attorney?
The Florida Supreme Court on Thursday ruled that if the insurance contract gives the insurer subrogation rights, yes, it does.
