Amicus Library

In its amicus curiae brief, UP weighs in on the issues of an insurer’s duty to defend and the ability of an insurance company to obtain the privileged information of its insured under the guise of the common interest doctrine. UP argues that when an insurers only offers its insured a limited defense for an underlying lawsuit — i.e., a defense subject to a reservation of rights letter — the insurer should not be allowed to obtain the privileged information of its insured under the “common interest” doctrine particularly when the insurer’s goal is to use the gathered information to justify a denial of coverage.