Law360, New York (July 24, 2015, 11:37 AM EDT) -- Michael D. Lichtenstein
Catherine M. Aiello
Insurance brokers are often an important resource for policyholders when claims arise and if coverage disputes later develop between the policyholder and the insurer. However, the policyholder must be ever mindful that communication with its insurance broker, even if the policyholder's coverage counsel is included in the communication, may not be legally privileged.
In the midst of discovery related to an insurance coverage action, a policyholder may realize too late that communications thought to be privileged are not legally protected and must be produced to the insurer if a coverage lawsuit develops because emails or...
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