Strategies for Preserving
Confidential Communications
CD of Teleconference with Q&A
Click here for program outline
Conducted on Wednesday, July 23, 2008
Now available on CD
Sponsored by Insurance Law & Litigation Week
and the Legal Publishing Group of Strafford Publications
Insurance Law Teleconference Advisory Board
Court decisions that allowed the discovery of attorney–client communications in certain insurance lawsuits have shaken the sanctity of the privilege.
Insurance disputes trigger unique areas of concern over protecting the confidentiality of communications. Insurance attorneys often become involved during the claims process — for coverage advice or to assist with investigations — so, pre-litigation communications may end up subject to discovery.
Some courts have ruled 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:
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.
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.
John S. Vishneski III, 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.
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?
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.