Insurance 101 – Chapter 11 – Volume 93 – Waiver of Advice Privilege

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.

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.

Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.