Massachusetts District Court, Appellate Division February 7, 2001 (National Union Fire Insurance Co. of Pittsburgh v. Kressler)

Ripps, J.

On April 2,1997, the plaintiff a legal malpractice carrier (insurer), filed this action against the defendant Steven A Kressler (Count I) and his law partner, Nathaniel D. Pitnof (Count II), seeking to recover its policy’s $10,000 deductible after the insurer successfully defended the defendants against a malpractice claim.