Keck, Mahin & Cate v. National Union Fire Insurance Co. of Pittsburgh

in which Justice ENOCH, Justice OWEN, Justice BAKER, Justice ABBOTT, Justice HANKINSON, Justice O’NEILL and Justice GONZALES joined.

Following the settlement of a third-party liability claim, the excess insurance carrier, as the insured’s equitable subrogee sued the primary insurance carrier and the attorneys the primary insurer hired to defend the insured. The excess carrier alleged that it had been forced to settle the third-party claim for too much because the attorneys and primary carrier had mishandled the insured’s defense. We consider two primary issues: (1) whether a release agreement,…