Come Out, Come Out, Wherever You Are: Insurance Companies Cannot Hide Claims-Handling Evidence Behind the Attorney-Client Privilege

Many insurance companies hire attorneys to act as claims handlers, apparently seeking to shield their claims handling conduct from discovery by asserting the attorney-client privilege and the qualified attorney work-product immunity. The attorney-client privilege and work-product immunity do not shield insurance company claims-handling information from discovery just because the insurance company hired attorneys to do the work of an adjuster or claims handler. Policyholders should not accept this abuse, and their efforts to seek in discovery what the insurance companies are trying to hide behind improper claims of privilege will often be rewarded.