Advice of Counsel
Insurers frequently turn to outside counsel, or internal claims adjusters who are licensed lawyers, for legal advice regarding their coverage determinations on claims. In later litigation over denials of coverage or a carrier’s claims-handling conduct, a question that frequently arises is whether the advice provided by such counsel is protected from disclosure to insureds.140 Insurers may be obligated to disclose otherwise-privileged communications if the insurer relies on “advice of counsel” as a defense to the claim for breach of contract or bad faith.
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