Brand

Defendant 20th Century Insurance Company/21st Century Insurance Company (21st Century) appeals the denial of its motion to exclude the testimony of 21st Century’s former attorney, Barry Zalma, as an expert in the trial of plaintiff Helen Brand’s claims against 21st Century. 21st Century moved to disqualify . Zalma under rule 3-310(E) of the Rules of Professional Conduct, on the ground that he had formerly represented 21st Century in substantially related litigation and, as a result, had access to confidential information material to this action. We conclude that because Zalma was personally involved in providing legal advice and services to 21st Century in matters substantially related to the instant litigation, he is barred from testifying as an expert witness against 21st Century. Accordingly, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

From 1988 to 1991, 21st Century retained Zalma and his law firm, Barry Zalma, Inc., to defend 21st Century and to render coverage opinions in connection with coverage and bad faith claims under 21st Century’s insurance policies. Zalma represented 21st Century in connection with a variety of coverage disputes, including coverage for…