Professional Liability Blog
August 4, 2020
Whose Side Are You On? Washington Supreme Court Finds Firm That Previously Defended Insurer Can Represent Policyholder in Bad Faith Suit Against Insurer
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.