Mendes & Mount LLP | February 23, 2016 Introduction This update examines how the protections afforded to insurers by attorney-client privilege and the work product doctrine have been challenged and stretched through recent cases across the United States, particularly where bad faith of an insurer is alleged. It is in the context of bad faith… Continue reading Discovery in Coverage and Bad-faith Litigation: are Courts Permitting more Invasive Discovery?
Tag: Bad Faith
Why Insurers Lose Bad Faith Cases
Matthew J. Smith, Esq. | Claims Management | November 2015 We hear about multimillion dollar verdicts against insurers. Must we accept these as inevitable, or should we evaluate why jurors return these verdicts and what factors drive them? Solutions are closer than we may realize. Jurors promise to treat companies fairly, but the reality is… Continue reading Why Insurers Lose Bad Faith Cases
Don’t Let Insurers Use Attorney-Client Privilege to Shield Claims Handling Documents
James R. Murray, Jared Zola and Omid Safa | Dickstein Shapiro LLP | January 13, 2016 Upon receiving an insurance claim from its policyholder, an insurer is obligated to promptly and reasonably investigate, adjust, and determine whether to pay a claim. Those are fundamental aspects of an insurer’s business that arise with respect to every… Continue reading Don’t Let Insurers Use Attorney-Client Privilege to Shield Claims Handling Documents
The Dark Side of Claim “Best Practices”
Kevin Quinley, CPCU | Claims Magazine | January 2016 Don’t look now, but best practices are the rage. Every insurance company, third-party claims administrator and independent adjusting company seems to embrace best practices to differentiate themselves from competitors. Marketing factors spur the trend too, as companies tout their own best practices to separate themselves from… Continue reading The Dark Side of Claim “Best Practices”
What Counsel Must Do To Maximize Insurance Coverage
Finley T. Harckham | Anderson Kill | December 18, 2015 Insurance policies are complex contracts, often riddled with pitfalls for the policyholder. The pursuit of a claim in the wake of a loss is equally fraught. Yet all too many companies entrust their assets and their very survival to insurance policies that are vetted by… Continue reading What Counsel Must Do To Maximize Insurance Coverage