05
Mar
2014

Attorney-Client Privilege in Bad Faith Litigation: Pushing the Limits - Asserting or Defending Against Implied Waiver of the Privilege

Strafford Publications

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DATE: Wednesday, March 5, 2014

TIME: 1:00 PM - 2:30 PM

Caroline R. Hurtado to speak on a panel at the Strafford Publications Live Webinar on 'Attorney-Client Privilege in Bad Faith Litigation: Pushing the Limits - Asserting or Defending Against Implied Waiver of the Privilege' on Wednesday, March 5, 2014 from 1:00 p.m. to 2:30 p.m. EST.

This CLE webinar will provide guidance to insurance counsel on the tripartite nature of attorney-client privilege between the insurer, the insured and the attorney representing the insured, discuss implied waiver of the privilege in any subsequent bad faith claim, and offer best practices for piercing or protecting the privilege.

In insurance bad faith cases, the issue of an implied waiver of the attorney-client privilege is of serious concern. Courts have articulated various tests for determining an implied waiver of the privilege.

Plaintiffs in bad faith cases assert that the privilege does not protect communications when the plaintiff is seeking information concerning an insurance carrier's handling of a claim and if so, whether it relied on the advice of counsel defense.

Counsel for insurers can avoid an implied waiver by steering clear of the common pitfalls, such as a defense based on the advice of counsel or situations where an attorney acted as a claims adjuster during the claim investigation, which may expose those communications with the insurer to discovery.

Listen as our authoritative panel of insurance practitioners analyzes the attorney-client privilege in the context of the tripartite relationship, the issue of implied waiver of the privilege in subsequent bad faith claims, and best practices for piercing or protecting the privilege in bad faith litigation.

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