Defended Appeal in Proving No Legitimate Basis On Equitable Subrogation Claim

Defended Appeal in Proving No Legitimate Basis On Equitable Subrogation Claim

Rob Klein and Andrew Feldman successfully defended the appeal of a partial summary judgment to Florida’s Second District Court of Appeal. The underlying judgment had been secured in a claim brought by an insurance carrier by way of assignment, claiming a nationally recognized defense firm failed to adequately represent the carrier’s insured. The law firm had represented the insured at the request of the carrier, and had arguably failed to advise the client of potential excess exposure presented by the underlying claim. The Firm argued on appeal that assignment of the claim violated Florida law and that there was otherwise no legitimate basis for a claim based on equitable subrogation, since the carrier had voluntarily paid several million dollars in excess of the primary policy limits to settle the claims against both the carrier and its insured. The Firm also argued that there was no damage to the insured, as a result of the carrier’s voluntary settlement of a threatened bad faith claim.