Richard W. Boone Jr. (Partner-New York) will present in the CLE webinar, "Bad Faith Litigation and Ignorance of the Law: Meeting an Insurer's Duty to Know the Law Without Losing Privileges" on August 30, 2022, from 1:00-2:00 p.m. EDT. Rich and fellow panelists will address how current trends and decisions have eroded an insurer's ability to assert attorney-client privilege or invoke the work product doctrine for coverage of counsel's files, making them discoverable in many cases. The panel will discuss an insurance company's duty to know the law; the duty of claim adjusters to accurately explain the denial of claims; what an adequate and proper claim denial looks like; how these duties affect the assertion of privilege; and how to stem erosion of evidentiary privileges in bad faith litigation. Pivotal issues examined will include:
- What constitutes "ignorance of the law?"
- Are non-lawyers writing claim denial letters that explain the law engaging in the unauthorized practice of law?
- What does a complete and defensible claim denial letter look like?
- Are evidentiary privileges less likely to be upheld in bad faith cases?
- What types of deposition questioning can imperil evidentiary privileges?