Great American E & S Insurance Co. v. Sinars Slowikowski Tomasaka LLC et al
- Great American E. & S. Insurance Co. paid $5 million in a prior personal injury action. As part of that settlement, the insured defendant assigned its claims against its legal counsel to Great American. Great American then brought this action, asserting claims for legal malpractice and breach of fiduciary duty against the insured’s lawyers and law firms. The superior court denied the lawyer and law firm defendants’ motion to dismiss. However, the superior court certified an issue for review: “Whether a legal malpractice claim is assignable to or may be subrogated by a non-adversary in the same litigation that gave rise to the alleged legal malpractice?” This court granted discretionary review of the certified issue. COA # 873865. King County Superior Court # 23-2-16817-8 SEA.