Gallagher Sharp, L.L.P. v. Miller Goler Faeges Lapine, L.L.P.

Citations

• 2019 Ohio 3508

Syllabus

Summary judgment \of counsel\ professional liability insurance breach of contract unjust enrichment moot defense costs Civ.R. 54 judgment on less than all of the claims. Plaintiff-appellant law firm was retained under defendant law firm's professional liability insurance policy to provide a defense in a legal malpractice case to the defendant law firm's \of counsel\ attorney (defendant-appellee). Following the conclusion of the legal malpractice case, plaintiff-appellant law firm was not paid for its defense costs and filed suit under breach of contract and unjust enrichment against the law firm, in a companion case, and the \of counsel\ attorney (defendant-appellee). The trial court did not err when it denied plaintiff-appellant's motion for summary judgment against the \of counsel\ attorney (defendant-appellee) and found the claim against that party moot.