American Continental Insurance Co. v. Weber & Rose, P.S.C.

OPINION

GUDGEL, Chief Judge:

This is an appeal from a summary judgment, dismissing a cross-claim, granted by the Jefferson Circuit Court. The principal issues are (1) whether this jurisdiction should permit an excess insurer to be sub-rogated to an insured’s right to assert a malpractice action against a law firm which the primary insurer employed to represent the insured, and (2) whether such an excess insurer alternatively falls within the class of persons whom the services of the insured’s law firm are intended to benefit, such that the excess insurer may maintain a malpractice action…