Confidential Communications
CD of Teleconference with Q&A
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Conducted on Tuesday, March 11, 2008
Now available on CD |
and the Legal Publishing Group of Strafford Publications
Recent court decisions allowing discovery of attorney–client communications in certain insurance lawsuits have shaken the sanctity of the privilege. Insurance disputes give rise to unique areas of concern over protecting the confidentiality of such communications.
Because insurance attorneys often become involved during the claims process—for coverage advice or to assist with investigations, pre-litigation communications end up subject to discovery.
Some courts have found the privilege waived in bad-faith suits where the insurer relies on an advice of counsel defense, while attorneys for policyholders argue that attorneys who participate in insurance investigations are not providing legal advice but are acting as claims agents.
Listen as our authoritative panel of insurance law specialists examines the attorney–client privilege in insurance litigation, the role of the attorney working for insurers, and strategies to maintain and protect the privilege.
The panel included:
John S. Vishneski III, Partner, Reed Smith Sachnoff & Weaver, Chicago. He is in the firm's Insurance Recovery Group and represents policyholders in insurance coverage disputes with property and casualty insurers, with a focus on coverage disputes for large manufacturers. He focuses on environmental and intellectual property coverage disputes. He represents clients involving many types of insurance, including First Party Property and General Liability policies.
Laura A. Foggan, Partner, Wiley Rein, Washington, D.C. She co-chairs the firm’s Appellate Practice and is a member of the Insurance Practice. She advises and represents insurers in commercial insurance work and insurance-related litigation. She also represents insurers in arbitration and mediation settings, provides testimony before state legislatures, and has contributed to the development of key insurance law precedents.
David M. Greenwald, Partner, Jenner & Block, Chicago. He co-chairs the firm’s Reinsurance Practice and is a member of the Litigation and Insurance Litigation and Counseling practices. He represents clients in insurance and reinsurance coverage matters. He also represents clients in other types of litigation, including internal investigations, trials and appeals relating to contract claims, False Claims Act issues, and pricing issues.
The panel reviewed these and other key questions:
- What kinds of privilege challenges face attorneys who work with insurance companies on claims disputes and litigation?
- How does the role of the attorney undermine the privilege and sometimes lead to unintended waiver?
- What are some exceptions to attorney–client privilege that arise in insurance disputes?
- What are the best practices for insurers' attorneys to protect the privilege?
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TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).
- Regular Price - $297 (plus $9.45 S&H)
- With Teleconference Registration – an additional $75 (plus $9.45 S&H)
CLE credit is available for an additional $65 each for attorneys seeking CLE credits for NY or CT. Other states may grant CLE credits for listening to this CD - check with your state about applying for self-study credit on CD-listening.