Attorney Client Privilege Not Automatically Waived by Contesting Bad Faith Claim The South Carolina Supreme Court, on certification from the Fourth Circuit, held that denying liability and/or asserting good faith in an answer does not, standing alone, waive attorney-client privilege.   The South Carolina Supreme Court adopted the middle ground, which involves a fact intensive approach to determining whether attorney-client privilege is waived in bad... Read More

No Coverage for Refinery Fire and EPA Violations Indemnification Claim A district court in Arkansas, applying Arkansas law, granted Liberty Mutual Fire Insurance Co.’s (“Liberty Mutual”) motion for summary judgment finding that all of the claims at issue for indemnification against its insured, Murphy Oil Corporation (“Murphy”), fell squarely within its policy exclusion for liability because of “assumption of liability in a contract or agreement.” The... Read More

Fact Question Regarding Malpractice Insurer’s Failure to Settle Within Limits The Seventh Circuit, applying Indiana law, reversed the district court and held that a question of fact existed as to whether the plaintiff malpractice insurance company committed a “Wrongful Act” by rejecting two settlement offers for policy limits in an underlying case.  The underlying case stemmed from the death of Vicki Bramlett from complications following a... Read More

Allegedly Damaged Goodwill Does Not Trigger EPL Coverage The Seventh Circuit, applying Indiana law, affirmed the district court’s ruling and found no coverage for the underlying lawsuit which alleged the plaintiff used DirecTV’s satellite television programming for its businesses without paying a higher commercial subscription rate.  The Seventh Circuit disagreed that the underlying lawsuit, which included allegations for damaged goodwill, involved “slander, invasion of privacy, defamation or humiliation.” ... Read More