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ATLANTA INT'L. INS. CO. v. BELL

Docket No. 87914, (Calendar No. 6).

438 Mich. 512 (1991)

475 N.W.2d 294

ATLANTA INTERNATIONAL INSURANCE COMPANY v. BELL

Supreme Court of Michigan.

Decided September 18, 1991.

Attorney(s) appearing for the Case

Dise & Gurewitz, P.C. (by John H. Dise, Jr.), for the plaintiff.

Plunkett & Cooney, P.C. (by John P. Jacobs, Christine D. Oldani, and Patrick M. Barrett), for the defendants.

Amici Curiae:

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by James G. Gross), for Auto Club Insurance Association, Castle Insurance Company, Auto Club Group Insurance Company, and Ad Hoc Committee of Defense Counsel for Professional Accountability.

Kerr, Russell & Weber (by C. Kenneth Perry, Jr., Edward C. Cutlip, Jr., and Janice A. Furioso) for Defense Research Institute, Inc.

Kallas, Lower, Henk & Treado, P.C. (by Constantine N. Kallas), for Michigan Association of Insurance Companies & American Insurance Association.

Collins, Einhorn & Farrell, P.C. (by Noreen L. Slank), for Michigan Defense Trial Counsel.

BRICKLEY, J.

This case presents an issue of first impression: whether defense counsel retained by an insurance company to defend its insured can be held answerable to the insurer for professional malpractice. The Court of Appeals held that defense counsel may not be sued by the insurer for malpractice.

We agree with the analysis of the dissent articulated in section (I)(B) that principles of common-law negligence do not generally require imposition of third...

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