This is not an entirely new phenominon, nor totally unexpected, but this article relates how carriers and excess carriers are starting to bring legal malpractice law suits after unsuccessful [in this case read: payout] outcomes.

Author: Baldwin, Susan McParland; Breen, Lisa C.

"Malpractice suits by insurance companies against their defense attorneys are increasing. There are two reasons for this phenomenon: the waning of the long-term relationship between insurance companies and their outside counsel and the increased cost-consciousness of these companies. The courts have allowed primary carriers to sue on equitable subrogation or direct duty principles, while some suits by excess carriers have been allowed on the theory that negligent legal advice to the insured caused the settlement to tap the excess policy. The issue has not been conclusively decided."