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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.


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7/24/2017 » 7/29/2017
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9/17/2017 » 9/19/2017
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