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MUSSER v. PROVENCHER

No. S099938.

121 Cal.Rptr.2d 373 (2002)

28 Cal.4th 274

48 P.3d 408

Sandra G. MUSSER, Cross-complainant and Appellant, v. Douglas PROVENCHER et al., Cross-defendants and Respondents.

Supreme Court of California.

Rehearing Denied August 14, 2002.

Attorney(s) appearing for the Case

Murphy, Pearson, Bradley & Feeney, James A. Murphy, Harlan B. Watkins, San Francisco, and Alexander J. Berline for Cross-complainant and Appellant.

Stephan, Oringher, Richman & Theodora, Harry W. R Chamberlain II, Robert M. Dato and Brian P. Barrow for California Society of Certified Public Accountants as Amicus Curiae on behalf of Cross-complainant and Appellant.

Lanahan & Reilley, Christopher R Miller, Cheryl P. Martinsen and Noreen M. Evans, Santa Rosa, for Cross-defendants and Respondents.

BROWN, J.

Two questions are presented by this case. The first question is whether considerations of public policy require the adoption of a blanket rule barring concurrent counsel or cocounsel from suing one another for indemnification of legal malpractice damages. We conclude public policy does not require the adoption of such a blanket rule. The second question is whether insurers of attorneys sued for legal malpractice may be subrogated to...

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