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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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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