ACCC Pop-Up Dialogue: Can Insurers’ Litigation Conduct Be Used to Prove Bad Faith?

Litigation immunity, sometimes referred to as litigation privilege, is a concept protecting parties from civil liability for conduct and communications made by the parties in the course of judicial proceedings. The terms “litigation privilege” and “litigation immunity” are frequently used interchangeably in case law but, technically speaking, litigation immunity applies in the context of judicially created immunity and litigation privilege applies in the context of statutorily created immunity. As of 2018, only six states codified the privilege by statute, while forty-two states recognized immunity in case law. Courts around the country, however, are increasingly refusing to allow insurers the protections of litigation privilege or immunity to apply as an absolute privilege, finding ways to limit the protections even when recognized under state law. Join us for a discussion of these recent trends and how they may impact insured and insurer strategy in insurance coverage and bad faith litigation.

Speakers:

Seth D. Lamden, Blank Rome LLP
Michael Young, Reichardt Noce & Young LLC

Please Note:
Attendance is restricted to ACCC Fellows.
Recording is not permitted.
CLE is not offered.

To register for the program, press on this link.