Some readers of this site may have seen my recent article on modern legal developments that tend to undermine the attorney client privilege.

That concern grows with this new decision from the Washington Supreme Court in Cedell v. Farmers Insurance finding a presumption against privilege for attorney communications and work product in a claim file: "To accomodate the special considerations of first party insurance bad faith claims, except for under insured motorist (UIM) claims, the insured is entitled to access to the claims file."  The presumption can be overcome "upon a showing in camera that the attorney was providing counsel to the insurer and not engaged in a quasi-fiduciary function." 

Last update: 06-03-2013 09:25