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New York Federal Court holds that audit firm’s review of TPA is attorney work product
  • Carlton Fields
  • USA
  • July 12 2016

In a case upon which we have reported on January 6, 2016, and November 24, 2015, a New York federal district court held that the work of an audit

New York Keeps Common Interest Doctrine Litigation Related
  • Squire Patton Boggs
  • USA
  • June 10 2016

The Common Interest Doctrine is used often in insurance and reinsurance-related disputes. As policyholder and claimant lawyers continue to

Florida Fee-Shifting Rule Now More Useful To Defendants Making Offers of Judgment, Including Insurers, Even Where Non-Monetary Relief Was Pleaded, But Not Pursued
  • Bressler, Amery & Ross PC
  • USA
  • May 2 2016

In MYD Marine Distributor, Inc. et al. v. International Paint, Ltd. et al., No. 4D13-2946 (4th DCA April 13, 2016), an intermediate Florida appellate

Distributing Communications to Insurers Through London Brokers Waived Privilege
  • Jenner & Block LLP
  • USA
  • April 30 2016

In Certain Underwriters at Lloyd's v. National Railroad Passenger Corp., No. 14-cv-4717 (E.D.N.Y. Feb. 19, 2016), the magistrate judge held that

It Was Only a Slip! London Insurers’ Communication with Counsel via Brokers Constituted Waiver of Privilege
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • April 25 2016

They do some things differently in London. But just because they have different customs across the pond doesn't mean they get to play by different

Ohio Court of Appeals Finds Limitation on Bad Faith Discovery
  • Brouse McDowell
  • USA
  • April 21 2016

It is established Ohio law that an insurer may not rely on the attorney-client privilege or the work-product doctrine in withholding documents and

Sanctions for failing to investigate insurance under Federal Rule 26
  • Womble Carlyle Sandridge & Rice LLP
  • USA
  • March 15 2016

In two recent cases, lawyers have been sanctioned for failing to understand their client’s insurance program. These cases (along with others from the

Discovery in coverage and bad-faith litigation: are courts permitting more invasive discovery?
  • Mendes & Mount LLP
  • USA
  • February 23 2016

This update examines how the protections afforded to insurers by attorney-client privilege and the work product doctrine have been challenged and

Cumis counsel have obligations to insurers
  • Dentons
  • USA
  • February 3 2016

Defining the attorney-client relationship is critical both to the success of the representation and to the management of risk. It is generally well

This Year's Most Memorable Opinion Openers
  • Manatt Phelps & Phillips LLP
  • USA
  • December 18 2015

Appellate courts tend to avoid broadly sweeping language in their opinions. And rightly so, as appellate opinions are meant to bring clarity to a