For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the privilege in bad faith suits. In many cases, insurers need to waive the privilege, to assert a defense based on advice of counsel.     Read the article…………


Related Articles

Board lacked authority to impose leasing restriction (IL)

The Illinois Appellate Court has invalidated a rule adopted by the board of a condominium that imposed a leasing restriction.

Publication of Debtors = Problems for Creditors

Publishing a list of deadbeats may seem like a cool and effective means of collecting debts but it could get

Florida’s HB 501 Seeks to Limit Construction Defect Claims to Seven Years from Date of Completion

In addition to Florida House Bill 87, which I wrote about in this blog last month, HB 501 also presents