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Insurance

Aug. 2, 2013

Insurer-insured communications not necessarily privileged

Insurers typically ask their insureds to provide information about litigation. Insureds do so because they, and their insurers, assume that there is a common interest protecting the confidentiality of that information.

Kirk A. Pasich

Partner and Co-Leader of the Insurance Recovery Group
McGuireWoods LLP

Phone: (310) 956-3462

Email: kpasich@mcguirewoods.com

Loyola Law School

See more...

Every day in litigation, insurers typically ask their insureds to provide litigation budgets, liability assessments, and other information about litigation against their insureds. Insureds often provide this information because it has been customary to do so over the years and because they, and their insurers, assume that there is a common interest that protects the confidentiality of that information. However, that is not always the case.

California Civil Code Section 2860 addres...

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