California Court of Appeal

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White Mountains Reinsurance v. Borton Petrini, LLP, C071365

Judgment for defendant law firm on a legal malpractice claim is reversed and remanded, where: 1) the trial court erred in deciding that plaintiff lacked standing to prosecute this legal malpractice action because plaintiff acquired the cause of action through assignment from the original insurer; and 2) under the facts of this case, where the assignment of the legal malpractice claim was only a small, incidental part of a larger commercial transfer between insurance companies involving the transfer of assets, rights, obligations, and liabilities, the recognized public policy reasons for barring the assignment of a cause of action for legal malpractice do not apply.

Appellate Information

  • Decided 11/26/2013
  • Published 11/26/2013

Judges

  • ROBIE

Court

  • California Court of Appeal

Counsel