LexisNexis® Legal Newsroom
Insurance companies’ public filings: chock full of information helpful to policyholder counsel

If you represent policyholders, you’ve heard it countless times from opposing counsel: reserves information is not relevant, and it won’t be produced. And if you represent insurance companies in coverage disputes, you’ve probably repeated it like it’s gospel. Similar arguments...

Wiley Rein LLP on New Developments Regarding Limitations on Discovery of Reinsurance Information

“Over the years, insurers and their policyholders have grappled with the question of whether reinsurance information has any relevance to the issues raised in a coverage dispute to which the reinsurer is not a party. A number of recent decisions concerning the scope of discovery of reinsurance...

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...

California's 2009 E-Discovery Laws: Text and Analysis

In this Emerging Issues Analysis, Paul R. Kiesel and Steve Williams report that California's new Electronic Discovery Act, effective June 29, 2009, makes comprehensive changes in California law relating to e-discovery. This commentary includes an analysis by these two authors who helped write the...

David A. Gauntlett of Gauntlett & Associates on “Insurance 101─Insight for Young Lawyers: No Discovery is Appropriate in Addressing Coverage for Intellectual Property Disputes”

In his article, “ Insurance 101─Insight for Young Lawyers: No Discovery is Appropriate in Addressing Coverage for Intellectual Property Disputes ” appearing in the July/August 2009 issue of Coverage , David A. Gauntlett states that while many insurance coverage disputes may warrant discovery...

What Discovery Is Allowed In A Punitive Damages’ Case In Illinois?”

By: Jonathan W. Goken Johnson & Bell, Ltd. Defendants in Illinois are finding it increasingly more common for plaintiffs seeking punitive damages to dig into the defendants' financial status and net worth through discovery. Because of the personal nature of such requests, defense attorneys...

McCarter & English, LLP on the Discovery Rulings in Pentair Water Treatment (OH) Co. v. The Continental Ins. Co.

By Louis A. Chiafullo and David A. Thomas, Attorneys, McCarter & English, LLP The United States Court for the Southern District of New York in a discovery ruling recently carved out some middle ground in a landscape that too often is heavily skewed in favor of insurers in coverage actions....

SNR Denton on Cedell v. Farmers Insurance: Bad Faith Is Not Enough to Destroy Attorney-Client Privilege on a First-Party Claim in Washington

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Cedell v. Farmers Insurance Co. 1 has clarified Washington law on discoverability of an insurer’s attorney-client privileged material in insurance bad faith litigation. Under Cedell, the “insurer has a right to the attorney...

SNR Denton on New Jersey Manufacturers Insurance Co. v. National Casualty Co.: Primary Insurer Has Right To Discovery from Excess Insurer To Assess Fault for Failure To Settle

By William T. Barker & Ronald D. Kent, Partners, SNR Denton New Jersey Manufacturers Insurance Co. v. National Casualty Co. holds that a primary insurer, sued by the excess insurer for failure to settle, is entitled to defend on the ground that the excess insurer would not have settled even had...

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...

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration

On this edition, Timothy Burns of Perkins Coie LLP discusses D&O policies and arbitration, consolidation issues and multiple insurers, the rise in disputes over defense costs and special issues involving excess insurers and consent. Mr. Burns is the author of the Directors and Officers Insurance...

The New 2013 Publication Update of New Appleman Insurance Law Practice Guide Arrives in November

The 2013 Publication Update of New Appleman Insurance Law Practice Guide Features: • New Practice Commentary Throughout the Publication by Members of the Appleman Editorial Board • Revision of 10 Chapters • Case Updates Throughout the Publication • Completely Updated over...

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...

Discovery Words

Discovery In Reinsurance Allocation Disputes After USF&G v. American Re

By Robert M. Hall I. Introduction Reinsurance allocation disputes arose out of mass torts that extend over multiple years and impact on many individuals or properties i.e. pollution and asbestos-related losses. When a cedent settles such losses, allocation to reinsurers can become complicated given...

Additional Insured Coverage Imposed Based Upon Oral Contract Even Though Work Is Completed Five Days Before and Appears Unrelated to Accident

By Mark R. Vespole, Partner, Tressler LLP If someone said that additional insured coverage was found to exist in a case in which there was no contract between the parties and the accident in question took place almost one week after snowplowing and sanding work was performed, you would think they...

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...

New York Appellate Court Finds for TransCanada in Discovery Dispute with Insurance Companies

New York, NY (August 5, 2014) -- The Appellate Division of the Supreme Court of New York, First Department reaffirmed on July 31, [ enhanced version available to lexis.com subscribers ], that several insurance companies providing insurance coverage to TransCanada cannot claim attorney-client privilege...

Confidential Folder

Opinion-aided: Courts Granting Policyholders Access To Outside Coverage Counsel’s Opinion Letters

There have been several decisions of late, from courts across the country, addressing whether a policyholder, in coverage litigation, is entitled to discover the coverage opinions (lower case) prepared for an insurer by its outside coverage counsel. Of course not, you say. An insurer’s coverage...

Insurer’s Unwillingness To Sign a Protective Order In an Underlying Case Leads To Discovery Of Its Reserves

The discoverability of an insurer’s reserve information is an issue that does not come with a straightforward, yes or no, answer. The cases can involve unique facts; so their outcomes can be necessarily fact driven. That was certainly the situation in National Union Fire Insurance Co. v. H &...

Ten Most Significant Insurance Coverage Decisions Of 2014 – Opinion-aided: Courts Granting Policyholders Access To Outside Coverage Counsel’s Opinion Letters

Sometimes a coverage case, especially from a trial court, is selected as one of the year’s ten most significant -- but it is not really so. Rather, it is chosen as a representative of a series of similar cases decided that year. In other words, standing alone, the case would not be one of the year’s...

Subrogation is Only Either a Tort or Breach of Contract Action: Insurance Irrelevant to Subrogation Action

Subrogation lawsuits seek recovery from a tortfeasor who caused damage to property, the risk of loss of which was insured, and allows the insurer to step into the shoes of its insured to recover from the tortfeasor what the insured could have recovered had the insured not been insured. In Certain Underwriters...