Texas / South Central News
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Texas Supreme Court: Use of Defense Staff Attorneys OK in Some Cases
Texas / South Central News • March 31, 2008
In a long awaited ruling, the Texas Supreme Court, in a 7-2 decision in Unauthorized Practice of Law Committee v. American Home Assurance Company, Inc and The Travelers Indemnity Company, approved ...
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| Subject | Posted By | Posted On |
|---|---|---|
| Re: "Capable"--A trial lawyer's dream! | Joe K. Longley | Apr 13, 2008, 1:27 pm |
| Capable is a stretch......as is integrity | One who's worked with them | Apr 13, 2008, 12:54 pm |
| RE: What about Staff Attorneys representing their employees? | A Claims Representative | Mar 31, 2008, 8:55 pm |
| "Congruent interests" are the operative words here. | Joe K. Longley | Mar 31, 2008, 1:37 pm |
| Back to article | ||
Subject: Re: "Capable"--A trial lawyer's dream!
There is hardly an instance that can be imagined where representation of an insured by an insurer-employed staff attorney will be conflict free. The possibilities for "bad-result" breach of fiduciary duty cases against the staff attorney and his/her employer are limitless. This opinion will open up a new cottage industry of insurance bad faith cases diectly against insurers. These cases will not be removable to federal court because the non-diverse staff lawyer will be named as a party defendant.