Waiver of Advice Privilege
The Connecticut Supreme Court limited the right of an insured who makes allegations of bad faith against an insurer arising from a first-party insurance claim for benefits under a policy to obtain discovery from the insurer of materials protected by the attorney-client privilege. The court held that the mere allegation of bad faith by itself does not give rise to a need for disclosure of relevant materials that are otherwise protected by the attorney-client privilege. Instead, to overcome the attorney-client privilege and obtain an in camera review by the court of the privileged materials, an insured who alleges bad faith against his insurer must establish, on the basis of non-privileged materials.
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