Florida Supreme Court: Insurers Can Sue Attorneys for Malpractice Under Subrogation Provision

The Florida Supreme Court has given the proverbial ‘green light’ for insurance companies to sue attorneys for negligent representation of an insured.

Historically, to bring an action against an attorney for legal malpractice in Florida, the party making the claim was generally required to allege and prove either a formal attorney-client relationship or privity of contract.

Insurance companies generally could not sue lawyers hired to represent their insureds, since the attorney-client relationship was with the insured, rather than the insurer.

However, following the Florida Supreme Court’s June 3, 2021 decision in Arch Ins. Co. v. Kubicki Draper, an insurer can now pursue a legal malpractice claim through a subrogation provision in its insurance policy, even if there was no attorney-client relationship or privity of contract between the insurer and the attorney or law firm.