January 12, 2018 Top Story

Privilege Protects Counsel’s Redacted Coverage Analysis

Insurer not entitled to compel disclosure of coverage analysis from insured’s counsel

By Adam E. Lyons

The legal opinions of an insured's coverage counsel regarding a settlement's potential impact on future insurance coverage are privileged from disclosure in litigation with the insurer.

The insured's careful and limited redaction of counsel's opinions allowed the court in Baxter International, Inc. v. AXA Versicherung to uphold the privilege claim, and deny the insurer's motion to compel, after in camera review of the documents.

Premium Content For:
  • Litigation Section
Join - Now