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

Draft construction-defects bill (CO) meets with disapproval of HOA group

A draft version of the long-awaited bill to address the shortage of area condominium construction is circulating around the Capitol

2015-16 New York Legislative Update

The 2015-16 New York State Legislative season is here, and on the table are many housing-related bills, many of which

Colorado Federal Court Applies Builder’s Risk Exclusion and Policy Endorsement to Preclude Coverage for Underlying Construction Defect Litigation

Even where insureds clear the “property damage” and “occurrence” hurdles to finding coverage for construction defect claims under liability insurance