SER Allstate Insurance Co. vs. The Honorable Madden, John T.
Year 2003
Court West Virginia Supreme Court of Appeals
Case Number 31392
  • Attorney Client Privilege
  • 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