News & Analysis as of

Attorney-Client Privilege Work-Product Doctrine Insurance Industry

Blank Rome LLP

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

Blank Rome LLP on

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

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

Robinson+Cole Property Insurance Coverage...

Work Product and Attorney-Client Privilege Concerning Documents Drafted Prior To Litigation: Eastern District Of New York Finds...

Insurers retain outside counsel during claim investigations for a variety of reasons, including, among others, providing coverage advice, assisting in reviewing and responding to communications with insureds that have legal...more

Farella Braun + Martel LLP

Communications With Your Broker May Be Privileged

Are communications among a client, a third party, such as an insurance broker, and the client’s attorney privileged? The answer is yes, if the communications are confidential and reasonably necessary to accomplish the purpose...more

Cozen O'Connor

Will Discovery Unlock Your Claim File? Federal or State Court Jurisdiction Could Make The Difference

Cozen O'Connor on

Differences between federal court and state court procedure can be important for insurers that find themselves involved in “bad faith” litigation. If a lawsuit alleging extracontractual claims is filed in federal court, or...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - May 2015 #2

Recent Lawsuit Underscores Critical Lessons for Purchasers of Cyber Insurance - Why it matters: Columbia Casualty Company v. Cottage Health Systems was filed on May 7, 2015, in the Central District of California. Cottage...more

King & Spalding

Safeguard Your Litigation Privileges When Working With Insurance Brokers On Complex Insurance Claims

King & Spalding on

Businesses facing catastrophic losses, whether as a result of an accident or a natural disaster, or due to mass tort claims, frequently will engage both their insurance broker and legal counsel to identify and pursue...more

Carlton Fields

Is It Still Privileged? An Insurer’s Disclosure Of Information To Its Reinsurers And Brokers Waives Privilege … Sometimes.

Carlton Fields on

A federal district court recently held that an insurer waived any claim of attorney-client or work product privilege when it disclosed otherwise potentially privileged information to its reinsurers and to its broker. In doing...more

Carlton Fields

Court Rejects Claims Of Privilege, Work Product, And The Common Interest Doctrine To Reinsurance Information

Carlton Fields on

In a discovery dispute between insurer Progressive and the FDIC, as receiver of the insured bank, a federal district court has rejected all claims of attorney-client privilege and work product protection to reinsurance...more

Pullman & Comley, LLC

Start Spreading the News: With National Union v. TransCanada, New York Prepares to Broadcast Communications with Coverage...

Pullman & Comley, LLC on

The final opinion of a New York appellate court in National Union Fire Ins. Co. of Pittsburgh v. TransCanada Energy USA, Inc., 119 A.D.3d 492 (2014), is only three paragraphs long, but it raises a host of questions about how,...more

Melito & Adolfsen

Are counsel’s coverage opinions privileged in a subsequent coverage action with the insured? NY’s first department indicates not...

Melito & Adolfsen on

On 7/31/14, the First Department held that any documents that pre-date National Union’s disclaimer are not protected from disclosure by the attorney-client privilege or the work-product doctrine or materials prepared in...more

Cozen O'Connor

Waiver of Attorney-Client and Work-Product – You Can’t Be Just a Little Bit Pregnant

Cozen O'Connor on

A recent Mississippi opinion dramatically underscores the dangers of an advice-of-counsel defense. In Willis v. Allstate Ins. Co., — F.Supp.2d —, 2014 WL 1882387 (S.D.Miss., May 12, 2014), the court held that the insurer had...more

Saul Ewing LLP

Bad Faith Sentinel - June 2014

Saul Ewing LLP on

In This Issue: - Court of Appeals of the State of Washington: Bad Faith Damages May Exceed the Amount of a Reasonable Covenant - Southern District of Mississippi: Insurer Providing Coverage Opinion to Insured...more

Saul Ewing LLP

Bad Faith Sentinel - March 2014

Saul Ewing LLP on

CONTENTS - United States Court of Appeals for the Fourth Circuit: An Absence of Ascertainable Damages Does Not Preclude an Award of Punitive Damages for Bad Faith pages 1 - 2 - Northern District of Alabama: Insurer...more

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