SNR Denton on Genovese v. Provident Life & Accident Insurance Co.: Florida Upholds Insurer’s Attorney-Client Privilege in Bad Faith Cases

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Florida law on attorney-client privilege in bad faith cases has been in doubt, after the Florida Supreme Court made a false start and a change of direction. Other courts have disagreed whether the change of direction effectively abrogated...

Goldberg Segalla’s Professional Liability Monthly – October, 2011

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. In this month's edition: DIRECTORS AND OFFICERS Questions of Fact Preclude Dismissal of Suit Based Upon Business Judgment Rule...

Bullivant Houser Bailey: Washington Supreme Court Announces New Presumption of No Attorney-Client Privilege for First-Party Insurers

By Daniel R. Bentson and Matthew J. Sekits In Washington bad faith actions, first-party insurers now face a presumption that the attorney-client privilege does not apply. In Cedell v. Farmers Ins. Co. of Wash., 2013 Wash. LEXIS 149 (Wash. Feb. 21, 2013) [ enhanced version available to lexis.com subscribers...

SNR Denton on Cedell v. Farmers Insurance Co.: Washington Limits Attorney-Client Privilege in First-Party Bad Faith Cases

By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Cedell v. Farmers Insurance Co., the Washington Supreme Court held that, in a first-party bad faith claim (other than regarding a uninsured or underinsured motorist claim), the insurer's quasi-fiduciary duty of good faith and fair...

Court Rules Insurance Companies Must Produce Documents in Coverage Fight With TransCanada

By Pamela D. Hans , managing shareholder of Anderson Kill's Philadelphia Office On August 15, 2013, the Supreme Court of the State of New York, New York County, rejected arguments by Factory Mutual Insurance Company, AIG, ACE, and Arch, that the work done by their coverage counsel in connection...

Insurers Ordered to Produce Attorney Reports Evaluating Whether to Deny Coverage

By Seth Lamden The court in National Union Fire Ins. Co. of Pittsburgh, Pa. v TransCanada Energy USA , Inc. , No. 650515/2010, 2013 N.Y. Misc. LEXIS 3735 (N.Y. Sup. Ct., August 15, 2013) [ enhanced version available to lexis.com subscribers ], held that neither the attorney-client privilege...

What Do Clients Want From Their Coverage Attorneys? The Policyholder Coverage Attorney's Perspective

Insurance Policyholder Chair Jill B. Berkeley presented a paper at the ABA Women in Insurance Conference as part of the panel "What Do Clients Want From Their Coverage Lawyers?" In the paper, Jill spells out her perspective on what exactly clients seek in their counsel. Today it extends well...

New York Appellate Court Upholds Finding that Insurance Companies Must Produce Documents in Coverage Dispute

The Appellate Division of the Supreme Court of New York, First Department [ enhanced version available to lexis.com subscribers ] has upheld an August 19, 2013 ruling rejecting arguments by Factory Mutual Insurance Company, AIG, ACE, and Arch, that the work done by their coverage counsel in connection...

New York Appellate Court Rejects Privilege Claim on Insurer Outside Counsel Materials

By Charles A. Jones , and David F. Cutter The First Department of the New York Supreme Court, Appellate Division, has affirmed [ enhanced version available to lexis.com subscribers ] a trial court ruling [ enhanced version available to lexis.com subscribers ] that materials generated by outside...

West Virginia Reviews Attorney-Client Privilege in Insurer/Coverage Counsel Extra-Contractual Claims

By Mark G. Jeffries, Associate On April 10, 2014, the West Virginia Supreme Court of Appeals held in State ex rel. Montpelier U.S. Ins. Co. and Charleston, Revich & Wollitz LLP that the attorney-client privilege protects confidential communications between an insurer and its coverage counsel...