Farris

This is an appeal from the trial court’s postremand order denying the motion by appellant Fireman’s Fund Insurance Company (FFIC) to disqualify Attorney James H. Wilkins and the law firm of Wilkins, Drolshagen & Czeshinski (WDC). FFIC moved to disqualify Wilkins under Rules of Professional Conduct, rule 3-310(E), on the ground he had formerly represented FFIC while a member of the law firm of McCormick Barstow Sheppard Wayte and Carruth, LLP (McCormick) and, as a result, had access to confidential information material to this action. Wilkins represents respondents Jason Farris (doing business as Creative Fun and Fitness), Renee Magee, Julie O’Keefe and Katherine O’Brien in this lawsuit for alleged bad faith and breach of an insurance contract issued by FFIC. Respondents’ complaint asserted that FFIC wrongfully failed to provide benefits under the insurance contract and wrongfully denied coverage by failing to defend Farris in a personal injury action brought by Magee, O’Keefe and O’Brien after they were injured in April 1997 while using an inflatable slide owned by Farris.

We hold that Jessen v. Hartford Casualty Insurance Company (2003) 111 Cal.App.4th 698 [ 3…