Equitania Insurance Company v. Slone & Garrett, P.S.C.

191 S.W.3d 552 (2006)

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Nature of the Case

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Facts

Two groups of shareholders, the Vimont group (P), composed of four of the shareholders, and the Pavenstedt group, composed of a group of shareholders led by Johann Pavenstedt vied for control of Equitania (P), an insurance company which provided insurance for horse owners. Laurel Garrett and the law firm of Slone & Garrett (D)represented the Vimont group (P) in its attempt to gain control. As a result of that representation, Vimont (P) filed a civil action against Garrett (D) alleging legal malpractice in connection with her representation. Ps claim that D negligently failed to properly advise them as to how to retain control of the corporation; that the methods she advised violated the insurance code; violated a fiduciary duty to shareholders; was unethical, and was substantially more expensive. The court granted D a partial summary judgment. The rest of the claim was resolved in favor of D by a jury verdict. The Court of Appeals affirmed and Ps appealed.