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 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.
- Framework and overview of attorney work product doctrine
- Prepared in anticipation of litigation or the ordinary course of business?
- Application of work product doctrine in the 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 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?
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
Ms. Elsasser has more than 30 years of commercial and mass tort litigation experience that has included representation of airlines, product manufacturers, multi-national corporations and insurers. She has extensive experience in all phases of civil litigation in state and federal courts, and in domestic and international commercial arbitration proceedings. She regularly advises clients on insurance coverage issues and represents clients in declaratory judgment and bad faith litigation.Close
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