Magistrate: Insurer Cannot Use Attorney-Client Privilege Against Its Own Insured

INDIANAPOLIS - Even though an insurer and its insured are now adverse parties in an insurance bad faith dispute, an Indiana federal judge on April 22 held that the insurer could not invoke the attorney-client privilege or the work product doctrine to prevent disclosure of documents from its privilege log to its insured, who was the party for whom those documents were originally created (Randall L. Woodruff v. American Family Mutual Insurance Co., No. 1:12-cv-00859, S.D. Ind.; 2013 U.S. Dist. LEXIS 56883).

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