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Amicus Library

West Virginia
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

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