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 counterclaim
- 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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Alan P. Jacobus
Attorney
Alan P. Jacobus, Attorney at Law
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage... | Read More
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.
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