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

Related Docs
Author UP's brief was written by G. David Brumfield, Esq. of Brumfield & Watson. Of Counsel: Eugene R. Anderson, Esq. of Anderson Kill & Olick, PC, and Amy Bach, Esq.
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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