October 2009
An Exception That Could Swallow the Rule of Qualified ImmunityExpansion of Attorney Liability to Non-clients for Aiding and Abetting Insurer’s Breach of Fiduciary Duty
By Jon T. Neumann
Traditional attorney immunity to suits by non-clients is under a new line of attack that threatens to vitiate the general rule. The threat is exemplified by a recent insurance-related decision of the Arizona Court of Appeals, Chalpin v. Snyder, wherein the court largely ignored the customary exceptions and permitted non-clients to pursue causes of action against attorneys for aiding and abetting breaches of fiduciary duty by their client.
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