In Jessen v. Hartford Casualty Ins. Co. (2003) 111 Cal.App.4th 698, where the challenged attorney's prior representation of Hartford Casualty Insurance Company was more limited, the court of appeal did not determine whether the attorney should be disqualified from the current representation that was adverse to that insurer. The decision holds that the trial court erred in applying collateral estoppel to prior federal court decisions and the court remanded to the trial court for reconsideration under the legal standards set forth in the appellate opinion. (Jessen, supra, 111 Cal.App.4th at pp. 702-703.) In that case, plaintiff sued his insurer over a denial of coverage. His attorney had previously worked for a firm that had represented defendant in numerous coverage actions. Rather than apply a rule of automatic disqualification, however, the appellate court directed that disqualification would only be required if the attorney, by reason of the nature of his work for the insurer, had a "direct and personal" relationship with the client. If he did, the presumption of possession of confidential information would be applied. If the attorney's involvement with the client was "peripheral or attenuated," however, the court would be obliged to examine the particular circumstances of the matter to determine whether in fact it was likely to have acquired confidential information. If not, disqualification would not be mandatory. (Jessen, supra, 111 Cal.App.4th at pp. 709-710.) The Court expressed the following concern: " Limiting the comparison of the two representations to their precise legal and factual issues might operate unrealistically to the detriment of the first client. Depending upon the nature of the attorney's relationship with the former client, in the office or in the courtroom, the attorney may acquire confidential information about the client or the client's affairs which may not be directly related to the transaction or lawsuit at hand but which the attorney comes to know in providing the presentation to the former client with respect to the previous lawsuit or transaction. For example, whether a lawsuit is settled or contested may depend upon a myriad of considerations about the client's affairs which might not be subject to discovery but which nonetheless determine the client's course of action ... ." ( Id. at p. 712) The court accordingly advocated looking at more than legal issues when comparing the prior and the current representation: "We consider the 'subject' of a representation as including information material to the evaluation, prosecution, settlement or accomplishment of the litigation or transaction given its specific legal and factual issues. Thus, successive representations will be 'substantially related' when the evidence before the trial court supports a rational conclusion that information material to the evaluation, prosecution, settlement or accomplishment of the former representation given its factual and legal issues is also material to the evaluation, prosecution, settlement or accomplishment of the current representation given its factual and legal issues." (Ibid.)