Merlin Law Group is closely monitoring a case pending before the South Carolina Supreme Court to see how it answers the question: “Does South Carolina law support application of the ‘at issue’ exception to the attorney-client privilege such that a party may waive the privilege by denying liability in its answer?”… Continue Reading
Whether an insured can access an insurer’s claim file has often been addressed by Florida courts. Recently, a Florida appellate court followed other courts’ rulings in holding that an insured cannot obtain its insurer’s claim file.… Continue Reading
Last week I blogged about how the recent Willis v. Swain case ruling out of Hawaii, may impact and shape future cases as we move forward full-steam into 2014. Looking back at the past year, it’s also important to mention a ruling from a Washington state court that will be helpful to insureds in efforts … Continue Reading
This blog is an extension of my September 27th and October 18th posts. The decision that is the focus of today’s blog is brief and not-so-recent, but one of the holdings toward the end of the opinion is very well put and worth noting.… Continue Reading
In the Olin Corp. case,1 one of Olin Corporation’s (“Olin”) three carriers admitted only a small amount of liability and the other two delayed making a coverage decision. So, Olin filed suit in federal court against all three, seeking entry of a declaratory judgment that it was entitled to coverage.… Continue Reading
Last week’s post, The Big Picture in Discovery of Insurer Claims Practices, discussed a case from the Supreme Court of Kentucky that provided an overview of how Courts tie together various principles of discovery that are generally raised in the discovery of bad faith cases. General rules of bad faith discovery vary between states and … Continue Reading
Over the last few weeks, the Friday blog post has addressed the different approaches that can be used by plaintiff’s attorneys when battling evasive discovery tactics used by insurers in bad faith cases. We discussed the fact that, in a bad faith lawsuit, an insured is entitled to a plethora of information that might not … Continue Reading
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties). In Florida, discovery in breach of contract actions usually centers around the mystical “claim file” which insurers guard more closely than their first born … Continue Reading
