[author: Holly Johnson]
On November 12, 2014, Seth D. Lamden, a partner in the Insurance Policyholder practice group, will present a 90-minute CLE webinar entitled "Insurance Claims: Privilege and Work Product Challenges After TransAmerica and Cedell." The live webinar will also feature an interactive Q&A.
In its recent decision in National Union v. TransCanada Energy, a New York Appellate Division court held that materials sought from the insurer were not protected by the attorney-client privilege and work product doctrine and were not materials prepared in anticipation of litigation. This decision raises new questions for insurance counsel on discovery requests and investigations conducted by an insurer—and on the applicability of the common-interest exception.
The Washington Supreme Court's Cedell v. Farmers Ins. Co. of Wash. ruling also discusses the applicability of the attorney-client privilege to a claim for insurance bad faith, focusing on a first-party claim and the civil-fraud exception to the privilege. The court held that, in such claims, there is a presumption of no attorney-client privilege, and outlined the required elements to assert the privilege.
The experiened panel of insurance counsel will provide their perspectives and analysis on the decisions and their implications for the assertion of the attorney-client privilege and work product privilege, and other defenses to discovery requests.
To register or view additional information, click here.
