Insurance Litigation and Work Product: Obtaining or Protecting Documents in Coverage and Bad Faith Claims
Resolving Discovery Over Claims Files, Underwriting Files and Manuals, Other Insureds’ Files, Reserve Information and More
Recording of a 90-minute CLE webinar with Q&A
This program will provide insurance counsel with a thorough examination of the scope of the work product doctrine in general and how it arises in the insurance coverage and bad faith litigation context in particular. The panel will review relevant case law guidance and best practices for resolving these discovery disputes.
Framework and overview of attorney work product doctrine
- Prepared in anticipation of litigation or in the ordinary course of business?
Application of work product doctrine in context of insurance coverage and bad faith litigation
- Claims and underwriting files
- Claims and underwriting manuals
- Interpretative documents, including drafting history
- Other insureds’ claim files
- Reserve and reinsurance information
- “Bad faith” discovery
- Case law guidance
- Best practices for policyholders and insurers to resolve attorney work product discovery disputes
The panel will review these and other key questions:
- What are best arguments for or against disclosure of internal insurance company documents related to the claims process?
- How does the work product doctrine apply with respect to written communications between an insured and its broker?
- What guidance does case law provide for resolving discovery disputes over work product?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Louis A. Chiafullo
McCarter & English
Mr. Chiafullo's practice involves complex civil and commercial litigation, with an emphasis on insurance coverage... | Read More
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.Close
Robert H. Friedman
Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other... | Read More
Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other U.S. and foreign jurisdictions. He also advised the State of Florida on insurance policy issues. He writes extensively about insurance coverage for many publications, including National Underwriter, Business Insurance, Risk & Insurance, South Florida Business Journal, and Harvard Law Record.Close
Lester Schwab Katz & Dwyer
Mr. Portuguese is the firm's senior lawyer involved in insurance services and insurance coverage litigation... | Read More
Mr. Portuguese is the firm's senior lawyer involved in insurance services and insurance coverage litigation practice. Mr. Portuguese handles all forms of litigation in this area, including matters concerning general liability, excess, environmental, auto, D&O, professional liability, property, and healthcare. Additionally, Mr. Portuguese has extensive litigation experience including representation of clients in more than 200 appeals nationwide.Close