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Insurer Claim Files: Privilege and Work-Product Protection
In coverage litigation and bad faith actions between insurers and policyholders, courts' views as to the discoverability of claim file material have varied significantly, depending on the jurisdiction and the specific fact pattern presented. Privilege issues concerning insurer claim files have proven difficult because it is in the 'very nature of an insurer's business to investigate and evaluate the merits of claims.' Cutrale Citrus Juices USA, Inc. v. Zurich Am. Ins. Group, 2004 WL 5215191 at *2 (M.D.Fla. Sept. 10, 2004). Courts will thus often face a highly fact-specific inquiry concerning whether claim file documents are prepared in 'anticipation of litigation' and therefore qualify as work product.
Similarly, under the attorney-client privilege, only the provision of legal advice is protected; relying on this truism, some courts have opined that, '[i]n the insurance context, to the extent that an attorney acts as a claims adjuster, claims process supervisor, or claims investigation monitor, and not as a legal advisor, the attorney-client privilege does not apply.' Country Life Ins. Co. v. St. Paul Surplus Lines Ins. Co., 2005 WL 3690565 at *5-7 (C.D.Ill. Jan. 31, 2005).
This article surveys some of the ways that courts have approached the issues of privilege and work product protection for insurer claim files. We highlight as well two relatively recent cases that illustrate some of the concerns in this area.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.