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Missouri: Equitable Subrogation – Excess Insurer

The federal district court undertook a matter of first impression and determined that the Missouri Supreme Court would find that an excess insurer cannot bring a legal malpractice claim under a theory of equitable subrogation against a law firm hired by the primary insurer or the insured because of the extreme nature of the remedy of equitable subrogation in Missouri and because there is a potential conflict of loyalty for the attorney to his direct client.

 St Paul Surplus Lines Ins. Co. v. Remley, 2009 U.S.Dist. Lexis 59434 (2009)

Filed: July 13, 2009