Attorney-Client Privilege in Insurance Disputes: Preserving Confidentiality, Meeting Legal Ethics Standards
Waiver and Exceptions to the Privilege, the Tripartite Relationship, and the Role of Counsel in Claims Handling and Litigation
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will offer insurance counsel strategies for protecting confidential communications and preserving the attorney-client privilege. The panel will discuss waiver and exceptions to the privilege, the interplay with reinsurance and reporting to reinsurers, the tripartite relationship, the role of lawyers in insurance disputes, and relevant legal ethics standards.
Outline
- Overview of the attorney-client privilege in insurance litigation, including the interplay with reinsurance
- Tripartite relationship issues and exceptions to privilege
- Best practices for preserving the privilege
- Meeting legal ethics 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 an 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
Brad A. Baldwin
Partner
Weber Gallagher Simpson Stapleton Fires & Newby
Mr. Baldwin's practice focuses primarily on defending financial lines of insurance coverage disputes concerning... | Read More
Mr. Baldwin's practice focuses primarily on defending financial lines of insurance coverage disputes concerning directors and officers (D&O), errors and omissions (E&O), employment practices liability (EPL), commercial general liability (CGL), Fidelity, Surety and Performance and commercial property insurance policies. His practice also includes prosecuting commercial torts on behalf of client businesses, which involves representing businesses, individuals, partners, shareholders, directors and/or officers, public entities and officials in matters including wrongful acts, breaches of contracts, non-compete agreements and fraud. Mr. Baldwin has substantial appellate experience extending to the New Jersey Supreme Court. He also is a pro bono attorney for Kids in Need of Defense (KIND).
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Kathleen J. Devlin
Partner
Weber Gallagher Simpson Stapleton Fires & Newby
Ms. Devlin is an experienced litigator who provides advice to insurers and litigates coverage issues relating to... | Read More
Ms. Devlin is an experienced litigator who provides advice to insurers and litigates coverage issues relating to various types of insurance policies, including comprehensive general liability, directors and officers (D&O), errors and omissions (E&O), employment practices liability (EPL), professional liability, commercial property and casualty, and public entity and public officials. She manages coverage cases and represents the interests of insurers in a variety of areas, including environmental contamination, asbestos exposure, toxic tort, construction defect, commercial matters, public entity, public officials, and professional liability. In her experience, Ms. Devlin has successfully addressed coverage issues and disputes through coverage opinions, arbitration, mediation, and declaratory judgment actions.
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April T. Villaverde
Partner
Hinshaw & Culbertson
Ms. Villaverde concentrates her practice in insurance coverage litigation and counseling. For over a decade, she... | Read More
Ms. Villaverde concentrates her practice in insurance coverage litigation and counseling. For over a decade, she has represented insurance carriers in connection with coverage issues and disputes including general liability, directors’ and officers’, errors and omissions, employment practices, commercial property, environmental and contractual liability. Ms. Villaverde has particular expertise on matters that concern long-tail environmental contamination and construction defect claims. She also aggressively defends lawyers and other professionals in matters involving claims of malpractice.
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