April 19, 2016

#10 Insurance Issue For Non-Insurance Lawyers: Privilege

In our final installment of the Top Ten Insurance Issues For Non-Insurance Lawyers we cover the issue of privilege. Attorney-client and work product privileges are cornerstones of our legal system,  Most lawyers know how to protect privilege, and zealously fight to preserve privilege.  Unfortunately, privilege protections often break down when it comes to insurance. 

 There are a number of ways that privilege is handled incorrectly with insurance matters.  Perhaps the most glaring is how policyholders deal with insurance brokers on claims matters.  Good insurance brokers are incredibly valuable for claims resolution.  But, if the relationship is not structured properly, coverage can be forfeited by the failure to properly protect communications and documents.  In the video, we address one example of how, after spending years litigating a case, a policyholder’s coverage claim was summarily dismissed because proper protocols were not in place and proper instructions were not given to their insurance broker.   

The purpose of this Top Ten Insurance Issues For Non-Insurance Lawyers series is to sensitize non-insurance lawyers to some of the unique and difficult insurance issues prevalent in our insurance recovery practice.  Insurance law is complex.  Many an experienced litigator has fallen victim to its nuances.  The key is to know when to bring in outside legal help. 

If, you or your clients are dealing with any of the top ten issues highlighted in this series, chances are, that complications will be raised that are worthy of asking for a second look.  If so, please don’t hesitate to contact us for help.

To see the whole series, check out Top Ten Insurance Recovery Issues For Non-Insurance Lawyers.

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