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
Authors
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