Reinsurer Is Not Real Party in Interest in Malpractice Action, Judge Rules

TAMPA, Fla. - A reinsurer is not the real party in interest in a legal malpractice action brought by a cedent against its attorney because the reinsurer has no direct right to bring a claim for any proceeds of a liability action, a Florida federal judge has ruled. Nova Casualty Co. v. Santa Lucia, et al., No. 09-1351 (M.D. Fla.).

On March 10, Judge James S. Moody Jr. of the U.S. District Court for the Middle District of Florida ruled that the cedent, Nova Casualty Co., is the party that was injured by the alleged malpractice and therefore has the …