Professional Liability Blog

The Washington Supreme Court held a law firm who had previously represented an insurance company in defending bad faith suits was not disqualified from representing plaintiff policyholders in a bad faith suit involving a fire loss against the same insurer. The Court held the representations were not “substantially related” because they were not factually related and the insurer did not show a “substantial risk” the law firm obtained “confidential factual information” which would “materially advance” the policyholders’ case.