The Daily

Insurance Defense Conflicts Update …

There is an update on a story I blogged about here, involving a defense firm disqualified from an auto negligence case because one of its lawyers previously worked for the plaintiff on a prior similar claim.

Apparently, they need the case more than they fear the repercussions, as they are fighting this on appeal (on their client’s dime).

“Specifically, although Mr. Chiocca had briefly represented the plaintiff with respect to the 2015 motor vehicle accident, the instant lawsuit is related to a wholly separate, unrelated motor vehicle accident, with different factual circumstances,” the response said. “Although the plaintiff made prior complaints which may be relevant to the defense of this matter, the relevancy does not make the matters ‘substantially similar’ within the meaning of [professional conduct rules] such that Cole Scott & Kissane PA, a firm with more than 600 attorneys statewide, should be disqualified from representing the instant defendants.”

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