My blog post from March 2018 addressed a presentation I was involved in which addressed the attorney’s role during the adjustment of a claim. As addressed in that blog post, the line can quickly become blurred between an attorney acting in his/her role as counsel and acting as the claims adjuster for the insurance company.
Whether the attorneys communications with a client are protected by work product immunity or attorney-client privilege can depend on several factors, many of which are unique to the insurance context. Our written submission addressed a number of these factors which lawyers and clients should both be aware of. A copy of which can be found here: