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U.S. Supreme Court Denies Insurer's Motion To Stay Reinstated $92.9 Million Judgment

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 31 denied an insurer's motion to stay pending the filing and disposition of a petition for a writ of certiorari of a $92.9 million judgment that was reinstated against it in a class action lawsuit arising from hurricanes Katrina and...

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...

Bullivant Houser Bailey: Attorney-Client Privilege Analyzed by Idaho Federal Court in Insurance Company's Bad Faith Case

By Matthew E. Hedberg , Bullivant Houser Bailey PC In an opinion issued April 3, 2013, the Idaho federal district court held that when an attorney participates in the investigation of a claim and provides coverage advice, the facts gathered by the attorney may be discoverable in a bad faith lawsuit...