In a legal saga that held the legal world in suspense, secondary insurer Carolina Casualty Insurance Co. has abruptly withdrawn its pursuit of declaratory relief. This unexpected twist comes as the company sought to shield itself from shouldering the burden of covering malpractice claims against its client, the prestigious Los Angeles law firm, De Castro West Chodorow Mendler & Glickfield Inc.
Settlement Brings an End to Lengthy Legal Battle
Carolina Casualty Insurance Co. has taken a dramatic turn in a complex legal dispute. The company made an astonishing announcement before a California federal judge, revealing that it had reached a settlement, putting an end to the legal tussle. Although the final settlement terms are yet to be formalized, both sides have chosen to drop their cross-claims related to the insurance coverage of De Castro West Chodorow Mendler & Glickfield Inc., marking a pivotal moment in this six-month-long battle.
Carolina Casualty’s Initial Claim
Carolina Casualty Insurance Co. had initially launched a complaint for declaratory relief against De Castro West Chodorow Mendler & Glickfield Inc. and three primary insurers: Continental Casualty Co., First Specialty Insurance Co., and Interstate Fire and Casualty Insurance Co. Carolina’s primary contention was that De Castro West Chodorow Mendler & Glickfield Inc. had faced “at least 12” underlying legal malpractice suits, all of which should have fallen under the coverage provided by the firm’s primary insurers.
Contentions Against Continental Casualty Co.
The lawsuit took a contentious turn when Carolina Casualty accused Continental Casualty Co. of attempting to “improperly exhaust its policy limit by defending and indemnifying all of the underlying actions” as a single “related claim.” This maneuver, as Carolina argued, triggered the secondary insurance policy provided by Carolina. The complaint was multi-faceted, seeking declaratory relief on several fronts, including claims that the actions were unrelated, that First Specialty and Interstate Fire had a duty to defend, and that First Specialty and Interstate Fire were required to indemnify the underlying actions.
Carolina Casualty Insurance : Roots of the Dispute
The origins of this legal wrangle trace back to policies held by De Castro West Chodorow Mendler & Glickfield Inc. with Continental nearly two decades ago. These policies covered the periods from January 15, 2004, through January 15, 2005, and from January 15, 2005, through January 15, 2006. De Castro West Chodorow Mendler & Glickfield Inc. also held an excess policy with Carolina between January 2004 and January 2005, in addition to later policies with First Specialty and Interstate Fire.
Interstate Fire’s Counterclaim
Adding to the perplexity of the lawsuit, Interstate Fire and Casualty Insurance Co. launched a counterclaim in June. They argued that all the underlying tax advice malpractice claims filed against De Castro West Chodorow Mendler & Glickfield Inc. were related and time-barred. According to Interstate Fire, these claims revolved around letters allegedly sent by De Castro West Chodorow Mendler & Glickfield Inc. to affluent clients regarding potential tax benefits from selling interests in distressed foreign debt. When the Internal Revenue Service denied these benefits, the clients filed malpractice suits against De Castro West Chodorow Mendler & Glickfield Inc.
Carolina Casualty Insurance : A Dramatic Turn of Events
The legal arena was left in suspense until Tuesday’s announcement, which brought a surprising end to the claims made by both Carolina Casualty Insurance Co. and Interstate Fire and Casualty Insurance Co.
Carolina Casualty Insurance : Silent Parties
As of Wednesday, representatives for the involved parties had not responded to requests for comment, leaving many questions unanswered.
Legal Representation
Carolina Casualty Insurance Co. was represented by Eldon S. Edson and Laura R. Ramos of Selman Leichenger Edson Hsu Newman & Moore LLP. De Castro West Chodorow Mendler & Glickfeld Inc. was represented by David E. Wood and Joshua B. Rosenberg of Barnes & Thornburg LLP. Continental Casualty Co. was represented by Gary Barrera and Kenneth M. Labbate of Mound Cotton Wollan & Greengrass LLP. First Specialty Insurance Co. was represented by Jeffrey A. Charlston of Charlston Revich Harris & Hoffman LLP and Ryan J. Rodman of Walker Wilcox Matousek LLP. Interstate Fire and Casualty Insurance Co. was represented by Cory L. Webster and Brent H. Olson of Dykema Gossett PLLC.
