Unigard Insurance Group v. O'Flaherty & Belgum

Good Law
1995 Cal. App. LEXIS 960·38 Cal. App. 4th 1229·45 Cal. Rptr. 2d 565·95 Daily Journal DAR 13200·60 Cal. Comp. Cases 850
Court of Appeal of CaliforniaSeptember 29, 1995B074284California3,649 words

Opinion

Opinion

Croskey, J.

This appeal is from a judgment in favor of defendants following the grant of their motion for nonsuit in a legal malpractice action. We conclude that in granting a nonsuit, the trial court erroneously mled as a matter of law on an issue which, under the circumstances of this case, is one of fact: whether defendants breached the professional standard of care by adequately and timely alleging the affirmative defenses of exclusivity of workers’ compensation and Witt v. Jackson (1961) 57 Cal.2d 57 [ 17 Cal.Rptr. 369 , 366 P.2d 641 ]. We also conclude that under the circumstances of this case, the insurer may bring a legal malpractice action against the attorneys hired by the insurer to defend its insured. We therefore reverse the judgment.

Factual and Procedural Background

1. The Underlying Lawsuit: Hunn v. The Wilkinson Company

On August 8, 1985, Gary Hunn filed a complaint for damages for personal injury against The Wilkinson Company (Wilkinson), Apple One Service, Ltd. (Apple One), and American Labor Core (ALC). The complaint alleged that Hunn sustained injuries during his employment while operating a rolling mill machine at Wilkinson’s premises.

Unigard Insurance…

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