Alicia Curran | DRI The attorney-client privilege is the oldest of the common law privileges for withholding confidential communications recognized in American jurisprudence. It allows a person to seek legal advice and representation without suffering detrimental consequences, fostering full and frank communication between lawyers and their clients by protecting their confidential communications. Upjohn Co. v.… Continue reading The Attorney-Client Privilege: Beware of Pitfalls with Use of In-House Counsel
Tag: Attorney-Client Privilege
“The Lines Are Not Blurred”: Attorney Claim Handlers Are Not Protected by Attorney-Client Privilege
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
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?