LAZY ACRES MARKET, INC. v. TSENG

No. B189115.

62 Cal.Rptr.3d 378 (2007)

152 Cal.App.4th 1431

LAZY ACRES MARKET, INC. et al., Plaintiffs and Appellants, v. Jennifer TSENG et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division Six.

July 3, 2007.


Attorney(s) appearing for the Case

Cappello & Noel, A. Berry Cappello and Matthew M. Clarke, Santa Barbara, for Plaintiffs and Appellants.

Nemecek & Cole, Jonathan B. Cole, Sherman Oaks, Mark Schaeffer and Joel Gluzman for Defendants and Respondents.


GILBERT, P.J.

An insurance company agrees to defend its insured in a negligence action without a reservation of rights. The insured hires its own attorney to represent it because it believes the insurance company's attorney has a conflict of interest. The insurance company settles the suit which is dismissed against the insured. The insured now wishes to recover its attorney fees. Does the insured have a cause of action for malpractice against the insurance company...

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