Preserving the Attorney-Client Privilege in Third-Party Liability Claims: What Captive Groups Need to Know

In the context of third-party liability claims, a familiar arrangement arises when an insurer retains defense counsel for its insured: the tripartite relationship among the insured, the insurer, and defense counsel. While common in automobile, general liability, and malpractice litigation, this arrangement raises recurring questions about the attorney-client privilege. Who holds the privilege? What is protected? When is the privilege waived? Additional complications arise when a captive group is…
By: Baker Donelson