This is, of course, preposterous. If the lawyer negligently operated a motor vehicle and caused property damage which the insurer was obligated to pay, subrogation would certainly be available. What is being served here is not making lawyers responsible for their incompetence. Unlike everyone else, lawyers may commit legal malpractice at will, leave an insurer to clean up the mess, and then raise these meritless defenses and have courts accept them, because judges are, after all, lawyers too. Its true…sharks and bottom feeders do not feed on their own….
Great comments, Dale & Tim. I have my own question, too: “…ultimately restrict the availability of competent legal services,”… Didn’t see any evidence of competent legal or judicial services here, so what gives?
What the f………….Of course I forgot the courts are the attorneys…
The definition of justice according to an attorney I had the bad fortune to know is, pointing a finger at his chest is: Just Us!
This is, of course, preposterous. If the lawyer negligently operated a motor vehicle and caused property damage which the insurer was obligated to pay, subrogation would certainly be available. What is being served here is not making lawyers responsible for their incompetence. Unlike everyone else, lawyers may commit legal malpractice at will, leave an insurer to clean up the mess, and then raise these meritless defenses and have courts accept them, because judges are, after all, lawyers too. Its true…sharks and bottom feeders do not feed on their own….
Great comments, Dale & Tim. I have my own question, too: “…ultimately restrict the availability of competent legal services,”… Didn’t see any evidence of competent legal or judicial services here, so what gives?
I’m missing something also. How could the HOA settle and then turn it over to SF to be paid. Doesn’t SF have the RIGHT & Duty to defend?