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Hunton Andrews Kurth LLP | USA | 30 Oct 2009

Illinois Appellate Court says common interest doctrine does not compel liability insurer to produce protected portions of its coverage file in litigation alleging bad faith

The Illinois Appellate Court recently ruled in Illinois Emcasco Insurance Company v. Nationwide Mutual Insurance Company, 2009 Ill. App. Lexis 760 (2009) (“Emcasco”), that the common interest doctrine does not compel the production of legal advice and related documents concerning coverage issues between an insurer and counsel where the attorney acted as coverage counsel, as distinct from appointed defense counsel in the underlying action.

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