Is Advice You Seek from Brokers Protected?

By Stacy RC Berliner, TRZ Shareholder and Certified OSBA Attorney in Insurance Coverage Law

Feature Article for the February 2018 Insurance Law Issue of the Cleveland Metropolitan Bar Journal

When they have questions about insurance claims, a policyholder’s first instinct is often to ask their insurance broker for advice. Is this going to be covered? Why or why not? What amount, if any, will I have to pay out-of-pocket? The broker’s specialized knowledge about the policyholder’s claim history and insurance program make them a valuable resource.

Not surprisingly, when coverage disputes turn into litigation, it is common for policyholders and their in-house counsel to involve brokers in claim strategy and seek the broker’s opinion on disputed coverage issues. Similarly, a policyholder’s outside counsel may ask brokers to participate in litigation and settlement strategies or request their assistance in preparing correspondence and pleadings to insurers.

Policyholders tend to think that the substance of these interactions and discussions are protected by the attorney-client privilege and work product doctrine. But, the protected nature of these interactions and discussions, like most issues involving coverage, a fact-intensive question.

This article is intended to (1) caution policyholders that communications with their broker may not be protected; and (2) provide practice tips that may assist them in asserting that they are.

To access the full article, please CLICK HERE

Reprinted with permission

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this web site or any of the links contained within the site do not create an attorney-client relationship between Thacker Robinson Zinz LPA and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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Print article

Is Advice You Seek from Brokers Protected?

By Stacy RC Berliner, TRZ Shareholder and Certified OSBA Attorney in Insurance Coverage Law

Feature Article for the February 2018 Insurance Law Issue of the Cleveland Metropolitan Bar Journal

When they have questions about insurance claims, a policyholder’s first instinct is often to ask their insurance broker for advice. Is this going to be covered? Why or why not? What amount, if any, will I have to pay out-of-pocket? The broker’s specialized knowledge about the policyholder’s claim history and insurance program make them a valuable resource.

Not surprisingly, when coverage disputes turn into litigation, it is common for policyholders and their in-house counsel to involve brokers in claim strategy and seek the broker’s opinion on disputed coverage issues. Similarly, a policyholder’s outside counsel may ask brokers to participate in litigation and settlement strategies or request their assistance in preparing correspondence and pleadings to insurers.

Policyholders tend to think that the substance of these interactions and discussions are protected by the attorney-client privilege and work product doctrine. But, the protected nature of these interactions and discussions, like most issues involving coverage, a fact-intensive question.

This article is intended to (1) caution policyholders that communications with their broker may not be protected; and (2) provide practice tips that may assist them in asserting that they are.

To access the full article, please CLICK HERE

Reprinted with permission

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this web site or any of the links contained within the site do not create an attorney-client relationship between Thacker Robinson Zinz LPA and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Back to posts
Print article

Is Advice You Seek from Brokers Protected?

By Stacy RC Berliner, TRZ Shareholder and Certified OSBA Attorney in Insurance Coverage Law

Feature Article for the February 2018 Insurance Law Issue of the Cleveland Metropolitan Bar Journal

When they have questions about insurance claims, a policyholder’s first instinct is often to ask their insurance broker for advice. Is this going to be covered? Why or why not? What amount, if any, will I have to pay out-of-pocket? The broker’s specialized knowledge about the policyholder’s claim history and insurance program make them a valuable resource.

Not surprisingly, when coverage disputes turn into litigation, it is common for policyholders and their in-house counsel to involve brokers in claim strategy and seek the broker’s opinion on disputed coverage issues. Similarly, a policyholder’s outside counsel may ask brokers to participate in litigation and settlement strategies or request their assistance in preparing correspondence and pleadings to insurers.

Policyholders tend to think that the substance of these interactions and discussions are protected by the attorney-client privilege and work product doctrine. But, the protected nature of these interactions and discussions, like most issues involving coverage, a fact-intensive question.

This article is intended to (1) caution policyholders that communications with their broker may not be protected; and (2) provide practice tips that may assist them in asserting that they are.

To access the full article, please CLICK HERE

Reprinted with permission

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this web site or any of the links contained within the site do not create an attorney-client relationship between Thacker Robinson Zinz LPA and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Back to posts
Print article

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