Presenting the Attorney Client Privilege in Claims Handling

Communications between the insurer’s claim adjuster and coverage counsel are confidential and protected from disclosure by the attorney-client privilege… right? Unfortunately, the answer is sometimes, not necessarily. Courts in some jurisdictions have blurred the line between claim investigation and coverage counsel’s guidance in navigating legal issues that arise in complex claim situations. Some courts have refused to apply the attorney-client privilege if the lawyer is seen as engaging in ordinary claim handling activity, even if the provision of legal advice itself requires fact investigation. How can the claim adjuster protect confidential legal consultations? This session will consider recent developments – good and bad – in this area.