Michael S. Levine and Torrye Zullo | Hunton Insurance Recovery Blog A Michigan federal court in Wolverine World Wide Inc. v. The American Insurance Co. et al., No. 1:19-cv-00010 (W.D. Mich.), recently confirmed what should go without saying – a claim handler is a claim handler, even if they may also be a lawyer. Recognizing that… Continue reading “The Lines Are Not Blurred”: Attorney Claim Handlers Are Not Protected by Attorney-Client Privilege
Tag: Attorney-Client Privilege
Privilege and Work Product in Insurance Coverage Disputes
Adam Gajadharsingh | Barnes & Thornburg Disputes over the attorney-client privilege, work product doctrine, and other privileges and protections can affect outcomes in insurance coverage disputes. Anticipating these disputes can help prevent disclosure of an insured’s protected information and also afford an opportunity to apply pressure against an insurer withholding relevant information without a valid… Continue reading Privilege and Work Product in Insurance Coverage Disputes
South Carolina Supreme Court’s Quiet Erosion of Insurers’ Attorney-Client Privilege Rights
Roben West | Property Casualty Focus 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 confidentiality with respect to legal advice. In the June 2019 decision In re Mt. Hawley Insurance Co., No. 2018-001170 (S.C.… Continue reading South Carolina Supreme Court’s Quiet Erosion of Insurers’ Attorney-Client Privilege Rights
What are the Boundaries of the Attorney/Client Privilege – Can a Public Adjuster Be a Part of Privileged Communications?
Tamara Chen-See | Property Insurance Coverage Law Blog | November 5, 2019 When an insured disputes coverage or the amount of loss under an insurance policy, it frequently finds it necessary to hire a claims professional – a licensed public adjuster or other claim consultant, or an attorney for assistance. Insurance companies have claim professionals… Continue reading What are the Boundaries of the Attorney/Client Privilege – Can a Public Adjuster Be a Part of Privileged Communications?
The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege
Donnie Apodaca | Avoiding Insurance Bad Faith | March 12, 2019 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. Nevertheless, attorneys are sometimes hesitant to designate a client or a client’s employee as an expert witness for fear of… Continue reading The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege