Look Closely At Insurer Allegations Concerning Privilege

Law360, New York (December 17, 2013, 11:24 PM EST) -- A recently unsealed decision from the United States District Court for the District of Maryland demonstrates that insurers cannot hide behind the attorney-client privilege and work-product doctrine to shield claim files from discovery. The court made clear that involving counsel in claim handling does not operate to make either doctrine automatically apply. Charter Oak Fire Ins. Co. v. Am. Capital Ltd., No. 8:09-cv-100 (D. Md. Nov. 6, 2013).

Insurers often engage counsel early in the handling of a claim to act as claims handlers and then...
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