State Farm Mutual Automobile Insurance v. Federal Insurance

Opinion

LEVY, J.

The primary issue presented by this appeal is whether, for purposes of disqualification, the attorney representing an insured is also representing the insurance company. If the insurance company is a client, this case poses a secondary question regarding the applicable disqualification standard. The issue becomes whether the insurance company is a *1426“former” or a “concurrent” client when the attorney files a complaint naming the insurance company as a defendant and then settles the insured’s case.

When presented with these issues, the trial court denied the disqualification…