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Protecting Confidential Communications: Application Of The Attorney-Client Privilege In First-Party Insurance Bad-Cases

May 24, 2012

Discovery of the insurance company’s entire claim file—including confidential communications between the insurer and its attorney—is often the first target on the insured’s agenda in a first-party bad-faith lawsuit. In any other context, a party’s request for discovery of the opposing party’s confidential attorney-client communications would be viewed by courts as a brazen and inappropriate attempt to obtain information obviously protected by the attorney-client privilege; however, in the context of bad-faith litigation, this type of request has been dignified by courts who often look for ways to permit discovery of the insurer’s attorney-client communications.

Protecting Confidential Communications: Application Of The Attorney-Client Privilege In First-Party Insurance Bad-Faith Cases