USDC NY: No Simultaneous Malpractice and Subro

The United States District Court for the Southern District of New York ruled that an insurer may sue its defense counsel for malpractice or subrogation, but not both.In Harleysville Worcester Insurance Co. v. Hurwitz, NYLJ 4/20/05 (USDC - SDNY) (CARTER, j), plaintiff Harleysville alleged that the law firm of Silverstein & Hurwitz (S&H) committed legal malpractice in the representation of plaintiff's insured, Intedge Industries, Inc. S&H moved for summary judgment. This legal malpractice action stemmed from S&H's representation of plaintiff's insured, Intedge Industries, in a prod...