We’ve all seen it before. The insured files a claim, the insurance company sends out an adjuster to adjust the loss, the loss is more complex, or a situation arises that the adjuster cannot handle so the insurance company forwards the claim to their legal department. At that point, an attorney becomes involved and the … Continue Reading
My blog post from March 2018 addressed a presentation I was involved in which addressed the attorney’s role during the adjustment of a claim. As addressed in that blog post, the line can quickly become blurred between an attorney acting in his/her role as counsel and acting as the claims adjuster for the insurance company.… Continue Reading
Merlin Law Group is closely monitoring a case pending before the South Carolina Supreme Court to see how it answers the question: “Does South Carolina law support application of the ‘at issue’ exception to the attorney-client privilege such that a party may waive the privilege by denying liability in its answer?”… Continue Reading
Just last week I spoke on a panel that addressed the role of the attorney during the adjustment of the claim. Our presentation focused on how quickly the line can become blurred between an attorney acting in his/her role as counsel, and acting as the claims adjuster for the insurance company. More and more often, … Continue Reading
Recently, while going through the insurance company claim file on two cases, I saw references to a coverage opinion letter from a lawyer (or referencing emails shared between the adjuster and an attorney about coverage). These communications occurred in the claims handling process before the claim was denied and before the policyholder hired me as … Continue Reading
In March I blogged about a Washington case that held an insurer’s communications with their attorney used to determine a denial of a policyholder’s claim was not privileged. In National Union Fire Insurance Co. of Pittsburg v. TransCanada Energy USA, Inc.,1 a New York appellate court continues the trend. Although every state’s insurance laws differ, … Continue Reading
Last week I blogged about how the recent Willis v. Swain case ruling out of Hawaii, may impact and shape future cases as we move forward full-steam into 2014. Looking back at the past year, it’s also important to mention a ruling from a Washington state court that will be helpful to insureds in efforts … Continue Reading
It is not breaking news that attorneys retained by insurance companies to adjust claims are susceptible to discovery, including depositions. Indeed, I have blogged about that in the past. This post discusses a recent decision out of the United States District Court of Arizona broadening the discovery susceptibility of carrier attorneys.1… Continue Reading
Generally, any communication between an attorney and client is privileged. I often tell clients that when they want to talk about their claim by someone, they should talk to their attorney only so as not to break any privilege issues. Although I know sometimes discussing the claim outside the attorney-client relationship is a must, those … Continue Reading
Last week, in Genovese v. Provident Life and Accident Insurance Company, No. 06-2508, — So.3d —-, 2011 WL 903988 (Fla. March 17, 2011), the Florida Supreme Court resolved the following issue: DOES THE FLORIDA SUPREME COURT’S HOLDING IN ALLSTATE INDEMNITY CO. V. RUIZ, 899 So.2d 1121 (Fla.2005), RELATING TO DISCOVERY OF WORK PRODUCT IN FIRST-PARTY BAD … Continue Reading
