Insurance 101 – Chapter 11 – Volume 92 – Advice of Counsel

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.

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

Legal Disclaimer

The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.

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