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Attorneys – Attorney-Client Privilege – Insurance – Bad Faith Claim – Claim Files – Certified Question (access required)

  Because plaintiffs established a prima facie case of bad faith failure to insure, and because the defendant-insurer in its answer denied bad faith liability, the district court ruled that the insured waived the attorney-client privilege with respect to the attorney-client communications in the insurer’s claim files, to the extent such communications are relevant under Fed. ...

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