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Insurance Roundtable

May 13, 2014

The Advice of Counsel Defense and Waiver of the Attorney Client Privilege in Coverage and Bad Faith Cases

The “advice of counsel” defense and the waiver of the attorney-client privilege impact virtually every area of insurance claims. This presentation will include a discussion about the legal and practical effects of using “advice of counsel” as an affirmative defense in bad faith litigation seeking extracontractual and punitive damages, including the scope of the implied waiver of the attorney-client privilege when the “advice of counsel” defense is asserted and ways to plan and prepare in advance of litigation for potentially eventually waiving the privilege where suit against the insurer is anticipated.

This and the other Insurance Roundtables are intended to be interactive and participatory roundtables, on topics of interest to the Insurance Industry, led by the partners of the firm's Insurance Law practice group: Jean M. Lawler, Bryan M. Weiss, John H. Podesta and Michael J. Nunez. Please feel free to contact Ms. Lawler or Mr. Weiss if you have any questions or would like to arrange for a private educational program for your company.

Participation by webinar, phone and in-person is offered.