Insurance Claims: Privilege and Work Product Challenges After TransCanada and Cedell
Navigating Discovery Requests and the Applicability of the Privilege in Insurance Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will drill down into important recent decisions that have raised serious implications for an insurer’s assertion of the attorney-client and work product privileges in response to a discovery request. The panel will explain the impact of these decisions on the applicability of a privilege claim over investigations conducted by an insurer.
Outline
- Attorney-client privilege between attorney and insurer
- Work product privilege in insurance disputes
- Transcanada - 2014 NY Slip Op 05606 (App. Div. July 31, 2014)
- Cedell - 295 P.3d 239 (Wash. 2013)
- Implications for discovery requests in first- and third-party actions
Benefits
Our panel will review these and other key issues:
- The impact of TransCanada and Cedell on the work product and attorney-client privileges in insurance litigation
- Implications for discovery requests in first- and third-party actions, including bad faith claims
- Ramifications for pre-litigation investigations conducted by an insurer
Faculty
Laura A. Foggan
Partner
Wiley Rein
Ms. Foggan serves as lead counsel in trial and appellate matters representing insurance companies in complex... | Read More
Ms. Foggan serves as lead counsel in trial and appellate matters representing insurance companies in complex insurance claims under general liability and other policy forms. She has participated in more than 200 coverage appeals nationwide. She was amicus counsel for two insurer organizations in the Stringfellow litigation. She recently was named one of Law360's "10 Most Admired Insurance Attorneys."
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Seth D. Lamden
Partner
Neal Gerber & Eisenberg
Mr. Lamden concentrates his practice on assisting policyholders in enforcing their rights to insurance coverage. He has... | Read More
Mr. Lamden concentrates his practice on assisting policyholders in enforcing their rights to insurance coverage. He has been instrumental in recovering hundreds of millions of dollars in insurance proceeds for policyholders in disputed coverage matters arising out of a wide variety of claims and losses, such as professional liability claims, consumer class actions, environmental claims, construction defect claims, product liability claims, D&O liability claims, and business interruption losses. Mr. Lamden is a frequent author and lecturer on insurance law topics.
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