National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Tag Archives: attorney client privilege

Attorney-Client Privilege and Work Product Protection: Brief Overview

Posted in Attorney-Client Privilege
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 reference all or portions of such communications. Due to their sensitive nature, it is important to be aware of what materials may ultimately be discoverable.… Continue Reading

Is It Time for a Codified Insured-Insurer Privilege?

Posted in Liability Coverage
There is no common law “Insured-Insurer privilege” that protects communications between them, such as the privilege that exists for spousal communications or attorney client communications. Did you know that in some jurisdictions an insured who is being provided a defense by an insurer under a reservation of rights could risk the waiver of attorney client… Continue Reading

New Washington Supreme Court Decision

Posted in Recent Cases
We wanted to alert you to a recent Washington Supreme Court case that alters the scope of the attorney client relationship between an insurer and coverage counsel.  In Cedell v. Farmers Ins. Co. of Washington, –Wn. – (February 21, 2013), the Washington Supreme Court created a presumption of no attorney-client privilege for "first party" insured’s… Continue Reading

New Rules For Discovery In Florida

Posted in Bad Faith/Extra Contractual
There hasn’t been much good news from Florida lately, particularly in the area of bad faith litigation.  In a rare bright note, however, the Florida Supreme Court has declared that the liberal rules that it adopted a few years ago requiring disclosure of work product in first party bad faith cases does not apply with respect to… Continue Reading

Claims FIles and Attorney-Client Communications Deemed Discoverabe in Extra-contracutal Claim

Posted in Recent Cases
In a claim by injured worker against worker’s compensation claims administrator alleging tort of outrage, Alabama Supreme Court holds that claims adjuster’s files were not privileged work-product, and that communications between administrator an its counsel were also subject to disclosure. At issue in Ex Parte Meadowbrook Ins. Group, Inc. (Ala. Dec. 21, 2007) was claimant’s… Continue Reading