2018 CLM Annual Conference: Shameful Leaks or Legitimate Sharing? Emerging Threats Arising out of the Relationship Between Insurers, Insureds, and Defense Counsel
At the 2018 CLM Annual Conference in Houston, March 14-16, Rick co-presented the attached material at a seminar addressing cutting edge privilege issues for insurers. The seminar was entitled “Shameful Leaks or Legitimate Sharing? -- Emerging Threats Arising out of the Relationship Between Insurers, Insureds, and Defense Counsel.” It touched upon: (1) Avoiding estoppel of coverage positions in the aftermath of recent case law finding estoppel created by defense counsel reporting to an insurer; (2) Getting necessary details from Independent/Cumis Counsel to the insurer without causing waiver of privilege; (3) Updates re Advice-of-Counsel defense in bad faith claims: protecting yourself and understanding the extent of the potential waiver of privilege; and (4) Latest developments on privilege issues re in-house counsel and use of outside counsel for claims analysis.