The 6th Circ. Stance On In Re Professionals Direct
October 29, 2009, 3:25 PM EDT
Law360, New York (October 29, 2009, 3:25 PM EDT) -- The Sixth Circuit recently denied an insurer’s petition for a writ of mandamus to vacate a discovery order compelling the production of information which the insurer argued was protected from discovery by the work-product and/or attorney-client privileges. In re Professionals Direct Insurance Company, No. 08-4440 (6th Cir. Aug. 24, 2009).
The discovery dispute arose in a coverage litigation between an insured law firm and its malpractice insurer. The insured first provided notice of a potential claim against it on Sept. 1, 2004. Initially, the insurer acknowledged...