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

Conducted on Wednesday, January 22, 2014

Recorded event now available

or call 1-800-926-7926
Program Materials

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.


The most commonly contested issue in attorney work product protection is whether the document was created in anticipation of litigation. This is a particularly difficult issue for insurers and insureds when policyholders request internal insurance company documents in coverage and bad faith claims.

Disputed document requests include claims and underwriting files, claims and underwriting manuals, interpretative documents, including drafting history, other insureds’ claim files, reserve and reinsurance information, and “bad faith” discovery.

Most of these discovery disputes are resolved either by agreement or in unpublished decisions or unrecorded discovery dispute hearings. However, there are published cases on the work product doctrine, and our panel will analyze these cases and outline guidance on how such disputes were resolved and their takeaway lessons.

Listen as our authoritative panel of insurance practitioners discusses the attorney work product doctrine in the context of insurance coverage and bad faith litigation, relevant case law, and best practices for policyholders and insurers to resolve these discovery disputes.



  1. Framework and overview of attorney work product doctrine
    1. Prepared in anticipation of litigation or in the ordinary course of business?
  2. Application of work product doctrine in context of insurance coverage and bad faith litigation
    1. Claims and underwriting files
    2. Claims and underwriting manuals
    3. Interpretative documents, including drafting history
    4. Other insureds’ claim files
    5. Reserve and reinsurance information
    6. “Bad faith” discovery
  3. Case law guidance
  4. 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
Louis A. Chiafullo

McCarter & English

Mr. Chiafullo's practice involves complex civil and commercial litigation, with an emphasis on insurance coverage...  |  Read More

Friedman, Robert
Robert H. Friedman


Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other...  |  Read More

Eric Portuguese
Eric Portuguese

Lester Schwab Katz & Dwyer

Mr. Portuguese is the firm's senior lawyer involved in insurance services and insurance coverage litigation...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Audio