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Attorney-Client Privilege Insurance Litigation

Carlton Fields

District of Illinois Directs Insurer to Supplement Record to Support Privilege Based on “Common Interest Doctrine”

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In Ansur America Insurance Co. v. Borland, the U.S. District Court for the Southern District of Illinois addressed a discovery dispute involving claims brought by Ansur America Insurance Co. against the law firm Ansur...more

Shumaker, Loop & Kendrick, LLP

Tort Choice-of-Law Principles Apply to Bad Faith Claims

In a recent decision, the Ohio Supreme Court held that Section 145 of the Restatement of the Law 2d, Conflict of Laws must be applied when determining the state law applicable to an insured’s bad faith claim. Noting that bad...more

DRI

[Event] Insurance Coverage and Practice Symposium - November 29th - December 1st, New York, NY

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DRI's Insurance Coverage and Practice Symposium is the flagship educational and networking program for insurance executives, claims professionals, and outside counsel who specialize in insurance coverage. This year's...more

Carlton Fields

You Keep Using That Word, I Do Not Think It Means What You Think It Means: Accountant-Client “Privileged” Communications May Not...

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In Florida, the legislature deemed open dialogue between an accountant and a client so important that, in 1978, it adopted a privilege nonexistent in the common or law: the accountant-client privilege....more

Pullman & Comley, LLC

Voluntary Disclosure of a Communication with Counsel: The CT Appellate Court Recognizes “Subject Matter” Waiver

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Accordingly, we hold that the voluntary disclosure of a privileged attorney-client communication constitutes a waiver of the privilege as to all other communications concerning the same subject matter when the trial court...more

Farella Braun + Martel LLP

Are Communications With Your Insurance Broker Privileged Under New York Law?

Discussions with an insured’s insurance broker are often an important part of the negotiation process for insurance claims. Brokers can provide valuable insights on the drafting and underwriting of the insurance policy as...more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Weber Gallagher Simpson Stapleton Fires &...

Court Rules That Attorney Client Privilege Waived With Ghost Written Disclaimer Letter

Two courts recently held that a disclaimer drafted by an insurer’s in-house or outside counsel and sent from the adjuster may constitute a waiver of the attorney client privilege. ...more

Kelley Drye & Warren LLP

Privilege and the Tripartite Insurer-Insured-Counsel Relationship

The tripartite insurer-insured-counsel relationship requires the insurer, its insured and the insured’s counsel to communicate with each other in the defense of a claim. In general, all parties work together to come to a...more

McGuireWoods LLP

Several Courts Deal With First-Party Insurance Work Product Issues

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In first-party insurance scenarios, an insured seeks coverage directly from its insurance company for its losses (in contrast to third-party insurance, in which an insured seeks its insurance company’s help defending and...more

Burr & Forman

Keeping the PR in Privilege: Outside Public Relations and the Attorney-Client Privilege

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In an earlier edition of the TIPS newsletter, we discussed the importance of outside counsel acting in the role of counsel, and not the role of an insurance adjuster, to preserve the attorney-client privilege over...more

Pillsbury - Policyholder Pulse blog

Claims-Writing Ghosts Come Back to Haunt Insurers

Insurers generally have a statutory duty to provide a legitimate factual and legal basis to deny a claim, and to discharge this duty sometimes engage in-house or outside counsel to assist in the investigation and handling of...more

Burr & Forman

Making Adjustments: Insurers, Counsel, and the Attorney-Client Privilege

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Insurers often rely on counsel, external or otherwise, when addressing the validity and/or strength of claims filed by their insureds. However, there is a trend in the courts which makes the extent and nature of such reliance...more

Carlton Fields

Washington Federal Court Finds Attorney-Client Privilege Waived by Claims Handler’s Inadvertent Disclosure of In-House Counsel’s...

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A federal district court in Washington recently held that a claims handling mishap resulted in a waiver of the attorney-client privilege otherwise protecting a coverage opinion provided by the insurer’s internal legal...more

Blank Rome LLP

New York Courts Skeptical of Insurers Seeking to Hide Coverage Analysis as Privileged

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One of the most basic discovery requests in insurance coverage litigation is for the insurer’s claims-handling documents and coverage analysis. A policyholder suing for insurance coverage is entitled to understand the...more

White and Williams LLP

Coverage Counsel Authors Insurer’s Letters – Leads To Waiver of Attorney-Client Privilege

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The other thing more unexciting than a discovery dispute is reading about someone else’s discovery dispute. But Wednesday’s decision from the Washington federal court in Canyon Estates Condominium Association v. Atain...more

Carlton Fields

South Carolina Supreme Court’s Quiet Erosion of Insurers’ Attorney-Client Privilege Rights

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One decision that flew under the radar in 2019 continues the recent trend of courts to dispense, under among other things the previously discussed “at-issue” waiver doctrine, with insurers’ fundamental rights to...more

Carlton Fields

Court Sheds Light on ERISA’s Fiduciary Exception to Attorney-Client Privilege

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A federal district court in Ohio recently attempted to shed some light on when internal communications between an ERISA plan administrator and its in-house counsel are discoverable and when they are protected by the...more

Perkins Coie

South Carolina Attorney-Client Privilege Ruling Is a Gift to Insurers

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As Law360 recently reported, the South Carolina Supreme Court delivered a gift to insurers facing bad faith claims in that state. The court determined that, where a policyholder brings a bad faith claim against its insurer...more

Carlton Fields

Colorado Federal Court Rejects Attorney-Client Privilege for Communications Between Insurer’s Claims Adjuster and In-House Counsel

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In Olsen v. Owners Insurance Co., No. 1:18-cv-01665, 2019 WL 2502201 (D. Colo. June 17, 2019), the U.S. District Court for the District of Colorado found that neither the attorney-client privilege nor the work-product...more

White and Williams LLP

Sharing Privileged Communications: What Insurers and Reinsurers Need to Know

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To balance the relative information inequality between an insurance company and its reinsurers, insurance companies often provide claim-related documents to their reinsurers. When some of those claim-related documents are...more

Cozen O'Connor

The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege

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Litigation usually involves complex issues related to technology, products, or business processes. In many cases, clients are the best subject-matter experts of their craft....more

Butler Snow LLP

Bad Faith Insurance Defense and Reliance on Advice of Counsel

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In Mississippi, for a plaintiff to recover punitive damages against an insurance company for bad faith refusal to pay a claim or to fulfill an obligation existing under the terms of an insurance policy, the insured must be...more

Carlton Fields

South Carolina Federal Court Denies Motion to Stay and Orders Insurer to Produce Documents

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The background of this case is as follows. In 2014, ContraVest Inc., ContraVest Construction Co., and Plantation Point Horizontal Property Regime Owners Association Inc. (collectively, “Plaintiffs”) brought suit in South...more

Butler Weihmuller Katz Craig LLP

Attorney Client Privilege and Work Product Protection: Brief Overview

Claims investigations involving counsel often include communications relating to his or her understanding of the facts, opinions of relevant law, and recommendations. Oftentimes, claim notes or other claim file materials...more

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