Tag Archives: Claims File

Does An Insurer Waive Privilege for Attorney-Client Communications in the Claims File By Denying Bad Faith?

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

Reinsurance Discoverable – Dynamite Discovery Decisions, Part 5

In the Olin Corp. case,1 one of Olin Corporation’s (“Olin”) three carriers admitted only a small amount of liability and the other two delayed making a coverage decision. So, Olin filed suit in federal court against all three, seeking entry of a declaratory judgment that it was entitled to coverage.… Continue Reading

Overcoming Work Product Objections that Relate to an Insurer’s Claims Investigation

Last week’s post, The Big Picture in Discovery of Insurer Claims Practices, discussed a case from the Supreme Court of Kentucky that provided an overview of how Courts tie together various principles of discovery that are generally raised in the discovery of bad faith cases. General rules of bad faith discovery vary between states and … Continue Reading

Florida Southern District Court Upholds Condominium Association’s Right to Bad Faith Discovery

(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties).  In Florida, discovery in breach of contract actions usually centers around the mystical “claim file” which insurers guard more closely than their first born … Continue Reading