An Ethics Conundrum: What am I? Coverage Counsel or Claim Investigator or Both?

Recently, Neil Posner, chair of Much’s Policyholders’ Insurance group, authored a paper for the ACCC Insurance Law Journal’s collaboration with The Insurance Law Center at University of Connecticut School of Law. The piece centers around the ethical conundrum lawyers face when involved in insurance disputes and if privileged information they uncover is discoverable.

Posner draws on several doctrines to examine if a lawyer’s involvement in a claims investigation automatically shields those files from discovery, detailing the risks associated with both insurers and policyholders.