February 19, 2014

Joining a number of other jurisdictions, the U.S. District Court for the District of Maryland recently overruled an insurer’s objection to, and thus affirmed, a magistrate’s ruling that an insurer may not use attorney-client privilege and work product protections to shield from discovery documents created in the ordinary course of the insurer’s business. See The Charter Oak Fire Ins. Co. v. American Capital, Ltd., Case No. DKC 09-100, 2013 WL 6844359 (D. Md. Dec. 24, 2013).  As policyholders often assert, and American Capital confirms, such documents are not protected simply because the insurer has involved counsel in the claims handling process.  Click here to read the full Insurance Law Update.