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.
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 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