Attorney Client Privilege Archives - United Policyholders

Attorney Client Privilege
Common Interest Doctrine
Duty to Defend

Massachusetts

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…

Aircraft Holdings, LLC vs. XL Specialty Insurance Company

Year: 2005

Court: Florida Supreme Court

Case Number: SC06-1303

Issue:

Attorney Client Privilege

State:

Florida

In a first-party action brought pursuant to Section 624.155, the attorney-client privilege does not bar production of attorney-client communications generated during the claim investigation and underlying coverage action which are relevant to the issue of whether the company evaluated the claim in good faith. Attorney-client…

SER Allstate Insurance Co. vs. The Honorable Madden, John T.

Year: 2003

Court: West Virginia Supreme Court of Appeals

Case Number: 31392

Issue:

Attorney Client Privilege

State:

West Virginia

When crime/fraud exception can be invoked, insurer cannot shield evidence from insured on grounds of attorney/client privilege. The crime fraud exception is essential in deterring corporate misconduct. The assertion of defenses to an insurance bad faith claim is manifestly sufficient to trigger the exception