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