Donate   |   Search   |   Contact Us   |   Sign In
Community Search
Insurance Coverage Content
Share |



MAY 2017


We provide an important coverage development submitted by Jennifer Johnsen with Gallivan, White and Boyd. Jennifer was assisted by Jessica Waller in writing their analysis of the published 3/31/17 Order that tackles the permissive scope of bad faith coverage discovery of the insurer’s attorney-client privileged communications in the case of Contravest Inc., et al. v. Mt. Hawley Insurance Company, C.A. No.9:15-cv-00304, USDC, South Carolina.  This Order evidences further erosion of the attorney-client privilege and expansion of discovery in the context of bad faith litigation.  While some solace can be taken in the court’s refusal to apply a per se waiver of the attorney-client privilege, the prima facie requirement provided by this Order is not a particularly high hurdle to clear. The Order reflects that even in historically conservative jurisdictions, insurers (and their coverage counsel) are wise to act under the assumption that their attorney-client communications may be viewed by a potential plaintiff in a bad faith action warranting they draft their written communications accordingly.

more Calendar

7/24/2017 » 7/29/2017
2017 FDCC Annual Meeting/ Bridging The Gap Insurance Summit

9/17/2017 » 9/19/2017
Corporate Counsel Symposium

10/23/2017 » 10/24/2017
2017 Fall Deposition Boot Camp

11/9/2017 » 11/10/2017
I3 Registration

Featured Members
Marjorie J. BergerMarjorie is with American Nuclear Insurers in CT
Bradford D. BoxBrad Box is with Rainey, Kizer, Reviere & Bell in TN

Special Thanks

Membership Software Powered by YourMembership  ::  Legal