Jenner & Block

Insurance Law Update: “Insurer Claims-Adjustment Documents Are Often Discoverable,” Law360

In the September Insurance Law Update, Jenner & Block Partner Jan A. Larson and Associate Christopher M. Sheehan highlight the case of Olsen v. Owners Insurance Co.  That case, decided by the US District Court for the District of Colorado, indicates that investigating the validity of a policyholder’s claim is normally a factual endeavor that takes place before any litigation.  “As a result,” the authors observe, “communications and documents generated by the insurer in response to its investigation of an insurance claim often fall well outside the ambit of traditional privilege protections, even when an attorney is involved” and provide an access point for policyholders to obtain these materials in advancing their claims.  The ILU was published in Law360.