Attorney-Client Privilege in Bad Faith Litigation: Privilege Issues From Perspectives of Policyholders and Insurers

A live 90-minute CLE webinar with interactive Q&A


Wednesday, August 9, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will provide guidance to policyholder and insurer counsel on the tripartite nature of attorney-client privilege between the insurer, the insured and the attorney representing the insured, and discuss attorney-client privilege as it may apply in any subsequent bad faith claim. The program will offer best practices for policyholders seeking to attack the assertion of privilege and insurance defense counsel to successfully assert privilege.

Description

In insurance bad faith cases, the issue of attorney-client privilege is of serious concern. Courts have articulated various tests for determining when the privilege exists and how it may be waived.

Policyholders in bad faith cases seek to show that the privilege does not apply to the documents, information and testimony sought or that the privilege has been waived. Counsel for insurers counter these arguments by steering clear of the common pitfalls, such as a defense based on the advice of counsel or situations where an attorney acted as a claims adjuster during the claim investigation.

Listen as our authoritative panel of both policyholder and insurer counsel analyzes the attorney-client privilege in the context of the tripartite relationship, the issue of implied waiver of the privilege in subsequent bad faith claims, and best practices for both plaintiff’s counsel and defense counsel to either pierce or protect the privilege in bad faith litigation.

Outline

  1. Overview of the attorney-client privilege in the tripartite relationship
  2. Implied waiver of the privilege in bad faith litigation
  3. Piercing the privilege: plaintiff perspective
  4. Defending or maintaining the privilege: defense perspective

Benefits

The panel will review these and other key issues:

  • Has there been a trend toward the erosion of the attorney-client privilege in bad faith litigation?
  • What tests do courts use to determine whether there has been an implied waiver of the privilege?
  • How have courts applied the joint defense exception to the attorney-client privilege in bad faith claims?

Faculty

John L. Corbett, Of Counsel
Barnes & Thornburg, Dallas

Mr. Corbett’s practice focuses on insurance recovery in the construction industry. He is also experienced in insurance recovery in the telecommunications, healthcare and Internet industries. Prior to joining the firm, Mr. Corbett performed legal work for public entities including the Superior Court of California, Santa Barbara County and the U.S. Department of State. 

Alan P. Jacobus
Lafayette & Kumagai, Oakland, Calif.

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.


Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
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Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

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Live Webinar & Webinar Download $394.00

Recorded Webinar Download Only $97.00 with Registration/Webinar Combo

Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Webinar

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CLE Credits By State

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Customer Reviews

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Steptoe & Johnson

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Lemons, Grundy & Eisenberg

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Simmons Perrine Moyer Bergman

First rate program. I have been practicing for over 25 years and this was the most instructive seminar I've attended in several years.

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Univ. of Pennsylvania (not Penn State)

I liked that the speakers did not seem rushed and that they tackled an appropriate amount of material during the seminar.

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Insurance Law Advisory Board

John Broghammer

Partner

Greve Clifford Wengel & Paras

Tred Eyerly

Director

Damon Key Leong Kupchak Hastert

John D. Green

Partner

Farella Braun + Martel

Alan P. Jacobus

Lafayette & Kumagai

William E. Kelley, Jr.

Partner

Drewry Simmons Vornehm

William O. Krekstein

Partner

Timoney Knox

Jay M. Levin

Principal and Chair of the Insurance Recovery Practice

Offit Kurman

Peter J. Mintzer

Partner

Selman Breitman

Barry S. Neuman

Partner

Whiteford Taylor Preston

Andrew G. Wanger

Partner

Clyde & Co.

Britton D. Weimer

Partner

Weimer & Weeding

Sandra I. Weishart

Partner

Hinshaw & Culbertson

or call 1-800-926-7926

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