O'FLAHERTY

A hospital and a number of its professional staff, including a nurse, were sued by the heirs of a patient for wrongful death. The insurance carrier for the hospital undertook the defense of that institution and its staff, and hired defense counsel for that purpose. The nurse had her own liability policy. Her insurance carrier refused to contribute toward a possible settlement. The verdict exceeded the limits of the hospital’s primary policy, and the underlying case settled for the amount of the verdict before judgment was entered. The insurers are in litigation with respect to reimbursement from the nurse’s insurer. The latter sued defense counsel for legal malpractice. Counsel obtained summaiy judgment against the nurse’s insurer. That insurer has appealed from the judgment. We find no error and affirm.

Factual and Procedural Summary

In December 1993, Laura Wood filed a wrongful death action (the Wood action) against Henry Mayo Newhall Memorial Hospital (the Hospital) and several physicians, alleging that her husband was given an overdose of morphine following routine surgery, which resulted in his death. Later, Michelle Gorman, a nurse at the hospital, was named as a…