Month October 2014

Washington Federal Court: Pre-Denial Communications Between Insurer and Its Counsel Protected, as Long as It Is Clear That Privilege Applies

In MKB Constructors v. Am. Zurich Ins. Co., No. C13-0611, 2014 U.S. Dist. LEXIS 78883 (W.D. Wash. May 27, 2014), the District Court followed federal law, rather than Washington state court precedent, to find the insurance company had established that… Continue Reading →

New York State Court: Claim Investigation Documents Prepared Prior to Denial Are Discoverable, Regardless of Attorney Involvement

In National Union Fire Insurance Co. of Pittsburgh, Pa. v. TransCanada Energy USA, Inc., 114 A.D.3d 595, 981 N.Y.S.2d 68 (N.Y. App. Div. 1st Dep’t Feb. 25, 2014), the Appellate Division in Manhattan upheld the lower court’s rejection of the… Continue Reading →

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