Attorney-Client Privilege in Broker-Policyholder Communications: Maintaining or Attacking Confidentiality
Navigating Privilege Waiver, Common Interest Doctrine, Claims Assistance Agreements and More
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss the scope of the attorney-client privilege for communications between policyholders and their brokers, recurring scenarios in which waiver may occur, and the common interest exception, which protects disclosures to third parties. The program will discuss steps policyholders can take to protect the privilege, including the use of claims assistance agreements, as well as arguments for insurers to attack and pierce the privilege.
- Scope of the attorney-client privilege for broker/policyholder communications
- Arguments for policyholders to shield confidentiality of privileged information
- Arguments for insurers and third-parties to obtain discovery of confidential information and work product
- Latest case law developments
The panel will review these and other key issues:
- What are the recent case law developments regarding the existence and scope of the attorney-client privilege for broker/policyholder communications?
- What are the most effective arguments for, or steps policyholders can take, to protect privileged communications with insurance brokers?
- What are the most effective arguments for insurers and third-party plaintiffs to obtain discovery of alleged privileged communications between policyholders and their insurance brokers?
- What are the pros and cons of claims assistance agreements with brokers and what risks are inherent in these agreements?
John B. Harris
Frankfurt Kurnit Klein & Selz
Mr. Harris has more than 25 years of experience representing clients in high stakes civil matters and white collar... | Read More
Mr. Harris has more than 25 years of experience representing clients in high stakes civil matters and white collar criminal cases. He is a recognized leader in the professional responsibility and white collar defense bars. In his legal ethics and professional responsibility practice, Mr. Harris defends law firms, lawyers, and other professionals against claims of legal malpractice, breach of fiduciary duty and fraud.Close
For the past 20 years, Mr. Lichtenstein has focused his practice exclusively on insurance and environmental issues. In... | Read More
For the past 20 years, Mr. Lichtenstein has focused his practice exclusively on insurance and environmental issues. In insurance matters, he balances aggressive representation with an ability to maximize insurance recoveries without engaging in expensive and time-consuming litigation. Mr. Lichtenstein is past Co-Chair of the firm’s Insurance Coverage Practice Group and is a Visiting Lecturer at Rutgers University Law School.Close
Brian S. Scarbrough
Jenner & Block
Mr. Scarbrough represents corporate policyholders in disputes with insurers and has significant experience both in... | Read More
Mr. Scarbrough represents corporate policyholders in disputes with insurers and has significant experience both in counseling regarding insurance coverage and in litigating insurance coverage disputes. He has successfully pursued millions of dollars of insurance recoveries for policyholders in state and federal court as well as in domestic and international arbitrations. Mr. Scarbrough is a frequent author and lecturer on insurance law topics.Close