How Long Will Privity Of Contract Remain a Defense To Legal Malpractice?: American Centennial Insurance Co. v. Canal Insurance Co., 843 S.W.2d 480 (Tex. 1992)

Date

1993

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Analyzes the prominent decision American Centennial Insurance Co. v. Canal Insurance Co. where the Texas Supreme Court held that an excess insurance carrier has a right of equitable subrogation against a primary carrier and trial counsel for mishandling a claim. The court relied on both the Stowers doctrine and public policy to distinguish precedent that would have disallowed the action due to a lack of privity.

Description

Keywords

Equitable subrogation, Legal malpractice, Negligence, Privity, Excess carriers, American Centennial Insurance Co. v. Canal Insurance Co.

Citation

24 TEX. TECH L. REV. 961