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 course will discuss whether the attorney-client privilege is being further eroded in bad faith litigation. It will guide policyholder and insurer counsel on the tripartite nature of attorney-client privilege among the insurer, the insured, and the attorney representing the insured and who controls the privilege if the insured later asserts a claim for bad faith against the insurer. The panel will offer best arguments and strategies for policyholders seeking to break the privilege and insurance defense counsel seeking to preserve it.
- 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?
Sean T. Carnathan
Partner & Founder
O'Connor Carnathan and Mack
Mr. Carnathan is a partner and founder of the firm and focuses his practice in complex business litigation with a... | Read More
Mr. Carnathan is a partner and founder of the firm and focuses his practice in complex business litigation with a particular emphasis on insurance coverage, closely held businesses and trust and estate litigation.Close
Evelyn M. Merchant
Berk Merchant & Sims
Ms. Merchant's practice areas are civil litigation, insurance coverage, products liability, premises liability,... | Read More
Ms. Merchant's practice areas are civil litigation, insurance coverage, products liability, premises liability, arbitration and appraisal.Close
Meghan C. Moore
Ms. Moore represents policyholders in insurance coverage and bad faith litigation in state and federal courts. Ms.... | Read More
Ms. Moore represents policyholders in insurance coverage and bad faith litigation in state and federal courts. Ms. Moore has handled numerous complex cases and tried insurance coverage, negligence and bad faith cases to policyholder verdicts. She is a frequent speaker on insurance law issues.Close