Alabama Appellate Watch

Posted at 11:41 AM on February 11, 2009 by Ivan B. Cooper

Negligence of Attorney Is Not Imputed to Insurance Company Which Retained Attorney to Represent Insured

In a question of first impression in Alabama, the Court in Lifestar Response of Alabama, Inc. v. Admiral Insurance Company, [Ms. 1060776] (Ala. Feb. 6, 2009), held that the negligence of an attorney hired to represent an insured is not imputed to the insurance company which retained the attorney. Because the insurance company could not control the professional judgment of the attorney, it could not be vicariously liable for the attorney's negligence in handling the matter.

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