Querrey & Harrow, Ltd. v. Transcontinental Insurance Co.

DICKSON, Justice.

Addressing an issue of first impression in Indiana, the Court of Appeals holds that an excess insurer may not bring an action for legal malpractice against the insured’s attorneys. Querrey & Harrow v. Transcontinental Ins. Co., 861 N.E.2d 719 (Ind.Ct.App.2007). We agree and now adopt this opinion as to all issues addressed. Ind. Appellate Rule 58(A)(1).

The principal argument addressed by the Court of Appeals is whether or not to extend the availability of equitable subrogation to excess insurance policy carriers to enable them to sue the attorneys of its insured for legal…