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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 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 Wednesday, January 15, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will provide insurance counsel with a thorough examination of the scope of the work product doctrine and how it arises in the insurance coverage and bad faith litigation context. The panel will review 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 tricky 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Most of these discovery disputes are resolved either by agreement or in unpublished decisions or unrecorded discovery dispute hearings.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 the resolution of these disputes and takeaway lessons.

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



  1. Framework and overview of attorney work product doctrine
    1. Prepared in anticipation of litigation or the ordinary course of business?
  2. Application of work product doctrine in the 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 essential questions:

  • What are the best arguments for or against disclosure of internal insurance company documents related to the claims process?
  • How does the work product doctrine apply concerning written communications between an insured and its broker?
  • What guidance does case law provide for resolving discovery disputes over work product?


Elsasser, Deborah
Deborah A. Elsasser

Lynch Daskal Emery

Ms. Elsasser has more than 30 years of commercial and mass tort litigation experience that has included representation...  |  Read More

Friedman, Robert
Robert Friedman


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

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