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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Insurance
  • schedule 90 minutes

Bad Faith Litigation: Insurer's Discovery of Plaintiff's Privileged Information

Strategies for Discovering Policyholder Communications With Legal Counsel, Counsel's Work Product

$297.00

This course is $0 with these passes:

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Description

With increasing frequency, courts in bad faith litigation are refusing to apply the attorney-client privilege and work product protection to the communications and opinions of the insurer's coverage counsel on grounds that coverage counsel is investigating, evaluating, or assisting the claims adjusting process. If the insurer relies on the coverage opinion to deny a claim, then courts may rule that those opinions and papers have been issued.

These same principles and logic may offer insurers the same opportunities to obtain policyholders' privileged information regarding the same topics of investigation and evaluation of underlying claims and defenses.

Listen as this innovative and experienced panel of esteemed insurer counsel reviews the state of the law across the nation and offers a potential roadmap for getting the same kind of privileged information from policyholders.

Presented By

Edward J. Currie
Shareholder
Currie Johnson & Myers, PA

Mr. Currie has been practicing law in the State of Mississippi since graduating from the University of Mississippi School of Law in 1976. In addition to eight years of teaching as an adjunct professor at the Mississippi College School of Law, his practice has run the gamut of insurance defense matters. Mr. Currie has served on the faculties of the International Association of Defense and Corporate Counsel Trial Academy, The National Institute for Trial Advocacy, and Trial Academies of the Mississippi Defense Lawyers Association.

Alan P. Jacobus
Attorney
Alan P. Jacobus, Attorney at Law

Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, November 5, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. State approaches to the "no privilege" rule
  2. Asserting a "reverse" bad faith counterclaim
  3. Insurer discovery in first-party property bad faith
  4. Arguing waiver of policyholder privilege

The panel will review these and other pivotal issues:

  • Are pre-suit communications between insurer and coverage counsel, the claim file, and coverage counsel's file discoverable?
  • Does involving coverage counsel automatically waive attorney-client privilege or work product protection?
  • What strategies support access to plaintiffs' privileged information?