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Bad Faith Litigation: Insurer's Discovery of Plaintiff's Privileged Information

Strategies for Discovering Policyholder Communications With Legal Counsel, Counsel's Work Product

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 1, 2022

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss strategies for discovering policyholders' communications with their legal counsel, including counsel's work product. The program will review which states have weakened or destroyed insurers' testimonial and work product privileges, the severe consequences of treating coverage counsel like a claims adjuster, and why courts deconstruct privilege. The panel will offer guidance on leveraging the same principles to access the same privileged information from the insured.


With increasing frequency, courts in bad faith litigation are refusing to apply the attorney-client privilege and work product protection to the communications and opinions of the insurer's coverage counsel on grounds that coverage counsel is investigating, evaluating, or assisting the claims adjusting process. If the insurer relies on the coverage opinion to deny a claim, then courts may rule that those opinions and papers have been issued.

These same principles and logic may offer insurers the same opportunities to obtain policyholders' privileged information regarding the same topics of investigation and evaluation of underlying claims and defenses.

Listen as this innovative and experienced panel of esteemed insurer counsel reviews the state of the law across the nation and offers a potential roadmap for getting the same kind of privileged information from policyholders.



  1. State approaches to the "no privilege" rule
  2. Asserting a "reverse" bad faith counterclaims
  3. Insurer discovery in first-party property bad faith
  4. Arguing waiver of policyholder privilege


The panel will review these and other pivotal issues:

  • Are pre-suit communications between insurer and coverage counsel, the claim file, and coverage counsel's file discoverable?
  • Does involving coverage counsel automatically waive attorney-client privilege or work product protection?
  • What strategies support access to plaintiffs' privileged information?


Currie, Edward
Edward J. Currie, Jr.

Currie Johnson & Myers

Mr. Currie has been practicing law in the State of Mississippi since graduating from the University of Mississippi...  |  Read More

Moss, Alycen
Alycen A. Moss

Co-Vice Chair, Global Insurance Department Co-Chair, Property Insurance Group
Cozen O’Connor

Ms. Moss is office managing partner of the Atlanta office. She concentrates her practice in civil litigation, and she...  |  Read More

Snell, Josh
Josh Snell

Jones Skelton & Hochuli

Mr. Snell concentrates his practice on insurance coverage and bad faith, commercial litigation, personal injury defense...  |  Read More

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