중앙일보 홈
케빈 장 님 답변
[법률상담]
답변일
4/14/2020 11:15:28 AM
안녕하세요
일반적으로는 Assignable 하지 않지만, 다음 예외조항에 해당이 되는경우에는 Assign이 가능하므로 참고하시기 바라겠습니다.
The court in White Mountains Reinsurance Co. of America v. Borton Petrini LLP (2013)
221 Cal. App. 4th 890, confirmed “[t]here is a general rule in
California barring the assignment of a cause of action for legal
malpractice.” (Id. at p. 891.) But, the court reversed a
trial court’s grant of summary judgment recognizing the validity of an
assignment under the following narrow circumstances:
- “(1) the assignment of the legal malpractice claim
is only a small, incidental part of a larger commercial transfer between
insurance companies; - “(2) the larger transfer is of assets, rights,
obligations, and liabilities and does not treat the legal malpractice
claim as a distinct commodity;” - “(3) the transfer is not to a former adversary;”
- “(4) the legal malpractice claim arose under
circumstances where the original client insurance company retained the
attorney to represent and defend an insured;” - “and (5) the communications between the attorney
and the original client insurance company were conducted via a third
party claims administrator.”
감사합니다
