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Attorney-Client Privilege and Work Product Protection: Brief Overview - Insurance Coverage

Insurance Coverage

Posted on: Aug 2, 2018

From the National Insurance Law Forum:

Claims investigations involving counsel often include communications relating to his or her understanding of the facts, opinions of relevant law, and recommendations. Oftentimes, claim notes or other claim file materials reference all or portions of such communications. Due to their sensitive nature, it is important to be aware of what materials may ultimately be discoverable. Though the work product protection and the attorney-client privilege are generally understood to limit discovery of certain materials, the devil is in the details.

In a federal diversity of citizenship case, federal law governs the protection of work product while state law governs the attorney-client privilege.

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