Great American E & S Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A.
Court of Appeals of Mississippi
1DissentCarlton, J.
¶ 58. I respectfully dissent. I would affirm the trial court’s judgment, as I agree with the judgment of the trial judge, Frank G. Vollor, which dismissed the case under Mississippi Rule of Civil Procedure 12(b)(6). Great American E & S Insurance Company (Great American), the excess carrier, lacks standing herein under the facts of this case to raise the claims asserted against the law firm hired by the primary insurer to defend the insured. The majority correctly provides that legal malpractice may exist without privy of contract, and I find no dispute with that proposition as long as an…
2Cases cited15 opinions
- Atlanta International Insurance v. BellMichigan Supreme Court · 1991
- St. Paul Insurance Company of Bellaire, Texas v. Afia Worldwide Insurance Company, Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1991
- Bank IV Wichita, National Ass'n v. Arn, Mullins, Unruh, Kuhn & WilsonSupreme Court of Kansas · 1992
- Fireman's Fund Insurance v. McDonald, Hecht & SolbergCalifornia Court of Appeal · 1994
- National Union Fire Ins. Co. v. SalterDistrict Court of Appeal of Florida · 1998
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