Attorney-Client Privilege in Bad Faith Litigation: Privilege Issues From Perspectives of Policyholders and Insurers
Recording of a 90-minute CLE webinar with Q&A
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.
- Overview of the attorney-client privilege in the tripartite relationship
- Implied waiver of the privilege in bad faith litigation
- Piercing the privilege: plaintiff perspective
- Defending or maintaining the privilege: defense perspective
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?
John L. Corbett
Barnes & Thornburg
Mr. Corbett’s practice focuses on insurance recovery in the construction industry. He is also experienced in... | Read More
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.Close
Alan P. Jacobus
Lafayette & Kumagai
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage... | Read More
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.Close