SNR Denton on In re County of Erie: Second Circuit Adopts Narrow Rule on At-Issue Waiver of Attorney-Client Privilege

Attorney-client privilege plays a particularly important role in insurance bad faith cases. Those with bad faith claims against insurers commonly view the insurer’s communications with its lawyers and the lawyers’ work product as valuable evidence for proving bad faith. Indeed, when trying...

Top Case of the Week: Second Circuit Affirms Dismissal of Complaint Against Reinsurer

Arrowood Surplus Lines Ins. Co. v. Westport Ins. Corp., (2d Cir. (Conn.) October 8, 2010) Plaintiff’s predecessor, Royal Surplus Lines Insurance Company (“Royal Surplus”) entered into an agreement pursuant to which it assumed the liabilities and acquired the related assets of Connecticut...

Second Circuit Holds No Duty to Defend Intellectual Property Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision titled Feldman Law Group v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 7787 (2d Cir. Apr. 18, 2012) , the United States Court of Appeals for the Second Circuit, applying Pennsylvania law, had occasion to...