Insurance 101 – Chapter 11 – Volume 94 – Unintentional Waiver of Privilege

Unintentional Waiver of Privilege

Good-faith consultations with attorneys by clients who are uncertain about the legal implications of a proposed course of action are entitled to the protection of the privilege, even if that action should later be held improper. Although the defendant’s refusal to follow its attorneys’ advice might be relevant for purposes of establishing its state of mind in handling the plaintiffs’ claim, we have concluded that the relevance of privileged communications, in and of itself, does not justify abrogating the attorney-client privilege.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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