It seems that things have changed somewhat in Florida with the decision in Arch Ins. Co. v. Kubicki Draper, LLP, 318 So. 3d 1249 (Fla. 2021). In Kubicki Draper, the Florida Supreme Court answered the following question certified to it by Florida's Fourth District Court of Appeal:
WHETHER AN INSURER HAS STANDING TO MAINTAIN A MALPRACTICE ACTION AGAINST COUNSEL HIRED TO REPRESENT THE INSURED WHERE THE INSURER HAS A DUTY TO DEFEND.
Kubicki Draper, 318 So. 3d at 1251. The Supreme Court answered this question "in the affirmative," then quashed the Fourth District's decision and remanded. To be clear here, the liability insurance carrier Arch was the entity that retained Kubicki Draper, LLP to defend Arch's insured. Kubicki Draper, 318 So. 3d at 1251.
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