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THURSTON v. CONTINENTAL CAS. CO.

567 A.2d 922 (1989)

Gisela J. THURSTON v. CONTINENTAL CASUALTY COMPANY, et al.

Supreme Judicial Court of Maine.

Decided December 26, 1989.

Attorney(s) appearing for the Case

Ernest J. Babcock (orally), John G. Connor, Friedman & Babcock, Portland, for plaintiff.

Jennifer Wriggins (orally), Jack Simmons, Berman, Simmons & Goldberg, Lewiston, for Hunt, Thompson & Bowie.

Lewis V. Vafiades, Amy Faircloth (orally), Vafiades, Brountas & Kominsky, Bangor, for Continental Cas. Co.

Before ROBERTS and WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.

HORNBY, Justice.

In this case we decide that a legal malpractice claim may be assigned; that before the 1987 amendments to Maine's partnership law, a Maine partnership was not a suable entity (except in certain real estate related matters); that an insured's insolvency and inability to pay an excess judgment do not foreclose a damage claim against its insurance carrier and lawyer for failure to defend or settle within policy...

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