Attorney-Client Privilege in Insurance Disputes: Preserving Confidentiality and Meeting Legal Ethics Standards

Addressing Waiver and Exceptions to the Privilege, the Tripartite Relationship, and the Role of Counsel in Claims Handling and Litigation

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


Wednesday, September 13, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 25, 2017


This CLE webinar will provide guidance to insurance counsel on steps to protect confidential communications and preserve the attorney-client privilege. The panel will discuss waiver and exceptions to the privilege, the tripartite relationship, the role of lawyers in the context of insurance disputes, and relevant legal ethics standards.

Description

Insurance disputes trigger unique areas of concern in protecting the confidentiality of client communications. Insurance counsel often become involved during the claims process—for coverage advice or to assist with investigations, which raises the question of whether pre-suit communications are subject to discovery.

Some courts have ruled that the privilege is waived in bad faith suits where the insurer relies on an advice-of-counsel defense. Policyholder counsel argue that when lawyers participate in insurance investigations, they are acting as claims agents and not providing legal advice.

Beyond those issues, serious legal ethics issues arise out of the attorney’s requirement of undivided loyalty to the client. In such case, insurance defense counsel must be transparent about his role from the outset.

Counsel must determine whether he will be able to provide the insured a vigorous and uncompromised defense, immediately disclose any potential conflicts, and obtain the fully informed consent of the insured to proceed. Insurance defense counsel may in some cases be required to recommend independent counsel.

Listen as our authoritative panel of insurance law specialists examines confidential attorney communications in insurance claims and suits, the role of counsel when working for insurers, and approaches to maintain and protect the attorney-client privilege.

Outline

  1. Overview of the attorney-client privilege in insurance litigation
  2. Tripartite relationship issues and exceptions to privilege
  3. Best practices for preserving the privilege
  4. Meeting legal ethic standards and guidelines when serving as insurance defense counsel

Benefits

The panel will review these and other key issues:

  • What privilege challenges do counsel to insurance companies face on claims disputes and litigation?
  • How does the role of the insurance company counsel undermine the attorney-client privilege and sometimes lead to unintended waiver?
  • What are some exceptions to attorney-client privilege that arise in insurance disputes?
  • What are best practices for insurers’ counsel to protect the attorney-client privilege?
  • What are insurance defense counsels’ legal ethics obligations to the insured and how can counsel ensure strict compliance with applicable ethics standards?

Faculty

Louis A. Chiafullo, Partner
McCarter & English, Newark, N.J.

Mr. Chiafullo's practice involves complex civil and commercial litigation, with an emphasis on insurance coverage disputes on behalf of policyholders. He has counseled clients on and litigated matters involving insurance coverage for environmental property damage, products liability, business interruption, advertising injury, D&O liability, E&O, employers' liability, computer crime and fraud issues.

Michael J. DiSantis, Partner
Tressler, Pittsburgh

Mr. DiSantis focuses his practice in the areas of insurance coverage analysis and insurance coverage litigation, assisting insurance companies in resolving complex disputes. He has represented insurance companies in litigated coverage matters in federal and state courts throughout the country, including those involving advertising injury, personal injury, bodily injury and property damage. His experience encompasses coverage for environmental risks, toxic torts, asbestos, habitational risks, security, construction defects, consumer class actions, general coverage and allegations of bad faith. 


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 08/25/17)

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

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*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 $247.00
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Recorded Audio Download (MP3) $247.00
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DVD (Slide Presentation with Audio) $247.00 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 $344.00

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Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 08/25/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 08/25/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
August 25, 2017
(5 days)

or call 1-800-926-7926

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Ethics Credits

An excellent opportunity to earn ETHICS CLE credits in states where webinars are accredited.  Note: Strafford cannot guarantee that Virginia will approve ethics credits for this event.

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Customer Reviews

I very much liked the format, and I appreciated the handouts and links we were provided as a result of our participation...very thorough materials.

Addie Arvidson

Slattery, Marino & Roberts

I enjoyed the speaker's helpful insights for insurance practitioners and I particularly liked their 'best practice' tips.

Daina Bray

Phelps Dunbar

I particularly liked the information about FRE 502(d).

Patricia Mancabelli

Phillips Lytle

I thought Strafford's program featured cogent presentations and useful, substantive handouts. This was a very worthwhile course.

Seth Tucker

Covington & Burling

The speakers were very clear in their explanations and the practical insight was much appreciated.

Michael Dolce

Colodny, Fass, Talenfeld, Karlinsky & Abate

or call 1-800-926-7926

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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Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.