Insurance Brokers as Agents: Shielding Policyholder/Broker Communications from Discovery. Think Before You Send!

Insurance Coverage Law Report

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PUBLISHED ON: December 4, 2013

Some courts have held that communications between policyholder and broker are not protected by the attorney-client privilege or work product doctrine and are therefore discoverable by an insurance company in coverage litigation. When the issue arises, it may be too late to properly address privilege. The author of this article discusses the issue and provides practice points for policyholders and counsel who wish to share privileged communications with brokers.