Keck, Mahin & Cate, Grant Cook, and Robert A. Plessala, Petitioners v. National Union Fire Insurance Company Of…

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the release between the insured and its counsel does not completely bar the excess and primary insurers' equitable subrogation claims for legal malpractice, and that the insurers may assert the excess carrier's comparative responsibility as an affirmative defense, limited to conduct after the primary carrier tendered its policy limits. Justice Hecht filed a concurring opinion.