Thurston v. Continental Casualty Co.

HORNBY, Justice.

In this case we decide that a legal malpractice claim may be assigned; that before the 1987 amendments to Maine’s partnership law, a Maine partnership was not a suable entity (except in certain real estate related matters); that an insured’s insolvency and inability to pay an excess judgment do not foreclose a damage claim against its insurance carrier and lawyer for failure to defend or settle within policy-limits; and that certain other related issues involve genuine issues of material fact. We therefore remand for entry of an order dismissing the partnership defendant, but…