National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Category Archives: Attorney-Client Privilege

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Challenges to the Scope of the Attorney-Client Privilege

Posted in Attorney-Client Privilege, Recent Cases
The issue of the scope of attorney-client privilege in claim materials continues to be an issue for courts.  Both insureds and plaintiffs in underlying cases seek production of documents within a claim file.  As to litigation with an insured, the focus of legal decisions is on whether attorney-client privilege can be asserted as to portions… Continue Reading

Colorado Supreme Court rules insurer did not impliedly waive attorney-client privilege with attorney affidavit.

Posted in Attorney-Client Privilege, Bad Faith/Extra Contractual, Recent Cases
By Stacy Broman and Danielle Dobry on July 3, 2018 Recently, the Colorado Supreme Court in State Farm Fire and Cas. Co. v. Griggs, No. 17SA299, 2018 WL 2470642 (Colo. Jun. 4, 2018) determined whether an insurer’s submission of a former attorney’s affidavit impliedly waived the insurer’s attorney-client privilege. The court held that the insurer… Continue Reading

Attorney-Client Privilege

Posted in Attorney-Client Privilege, Recent Cases
The Washington Court of Appeals’ recent decision in Steel v. Philadelphia Indemnity Insurance Co., 2016 WL 4001431 (2016) should be of interest to those seeking (or seeking to preclude) the production of attorney-client privileged and work product documents from the underlying attorneys in the context of settlement reasonableness hearings under RCW 4.22.060 (Effect of Settlement… Continue Reading