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
Tag: Attorney-Client Privilege
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
Attorneys: A Common Interest Agreement May Not Be Worth the Paper It’s Written On
Joseph L. Francoeur and Michael S. Tripicco | Wilson Elser | March 22, 2017 It is a very common practice for counsel to co-defendants or co-plaintiffs to enter into agreements that shield their communications. The agreements are expressions of intent that the communications will be protected by the “common interest doctrine” that extends the attorney-client… Continue reading Attorneys: A Common Interest Agreement May Not Be Worth the Paper It’s Written On
Attorney Work Product and Hiding the Coverage Opinion – A Refresher on Attorney-Client Privilege
Patrick McGinnis | Property Insurance Coverage Law Blog | February 25, 2016 Recently, while going through the insurance company claim file on two cases, I saw references to a coverage opinion letter from a lawyer (or referencing emails shared between the adjuster and an attorney about coverage). These communications occurred in the claims handling process… Continue reading Attorney Work Product and Hiding the Coverage Opinion – A Refresher on Attorney-Client Privilege