Bad Faith Litigation: Insurer's Discovery of Plaintiff's Privileged Information
Strategies for Discovering Policyholder Communications With Legal Counsel, Counsel's Work Product
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss strategies for discovering policyholders' communications with their legal counsel, including counsel's work product. The program will review which states have weakened or destroyed insurers' testimonial and work product privileges, the severe consequences of treating coverage counsel like a claims adjuster, and why courts deconstruct privilege. The panel will offer guidance on leveraging the same principles to access the same privileged information from the insured.
Outline
- State approaches to the "no privilege" rule
- Asserting a "reverse" bad faith counterclaims
- Insurer discovery in first-party property bad faith
- Arguing waiver of policyholder privilege
Benefits
The panel will review these and other pivotal issues:
- Are pre-suit communications between insurer and coverage counsel, the claim file, and coverage counsel's file discoverable?
- Does involving coverage counsel automatically waive attorney-client privilege or work product protection?
- What strategies support access to plaintiffs' privileged information?
Faculty
Edward J. Currie, Jr.
Shareholder
Currie Johnson & Myers
Mr. Currie has been practicing law in the State of Mississippi since graduating from the University of Mississippi... | Read More
Mr. Currie has been practicing law in the State of Mississippi since graduating from the University of Mississippi School of Law in 1976. In addition to eight years of teaching as an adjunct professor at the Mississippi College School of Law, his practice has run the gamut of insurance defense matters. Mr. Currie has served on the faculties of the International Association of Defense and Corporate Counsel Trial Academy, The National Institute for Trial Advocacy, and Trial Academies of the Mississippi Defense Lawyers Association.
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Alycen A. Moss
Co-Vice Chair, Global Insurance Department Co-Chair, Property Insurance Group
Cozen O’Connor
Ms. Moss is office managing partner of the Atlanta office. She concentrates her practice in civil litigation, and she... | Read More
Ms. Moss is office managing partner of the Atlanta office. She concentrates her practice in civil litigation, and she has extensive experience with matters pertaining to property, casualty, and trucking issues. Ms. Moss also regularly litigates civil and commercial matters pertaining to transportation and logistics, as well as mass and complex torts and class actions. She has also litigated complex cases involving environmental and toxic exposures, including asbestos, diacetyl, mold, and chemical exposures. Ms. Moss has participated in all phases of the defense of these matters, from initial discovery through dispositive motions, expert discovery, settlement negotiations, and trial practice. She also advises companies on risk management strategies.
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Josh Snell
Partner
Jones Skelton & Hochuli
Mr. Snell concentrates his practice on insurance coverage and bad faith, commercial litigation, personal injury defense... | Read More
Mr. Snell concentrates his practice on insurance coverage and bad faith, commercial litigation, personal injury defense and retail law.
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