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Foreclosure Law Firms and Title Companies to Pay $1.8 for Violations of Colorado Consumer Protection Laws
  • BuckleySandler LLP
  • USA
  • August 5 2016

On August 3, Colorado AG Cynthia H. Coffman announced that certain Colorado foreclosure law firms and title insurance companies must pay, pursuant to


Insurers’ Beware: Defending Bad Faith Claim May Lead to Waiver of Privileged Communications
  • Cozen O'Connor
  • USA
  • August 2 2016

On July 27, 2016, the United States District Court for South Carolina ordered an insurer to turn over its privileged communications. The Court


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