Partner | Extra-Contractual, Casualty Defense Litigation, Professional Malpractice Liability, Third-Party Coverage
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bwebb@butler.legal
Overview | Publications/ Whitepapers | Brian Webb | Related | Print | Share
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.