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Civil Practice : Discovery – Attorney-Client Privilege – Affirmative Defense
Stephanie Maniscalco//July 9, 2018//
Civil Practice : Discovery – Attorney-Client Privilege – Affirmative Defense
Stephanie Maniscalco//July 9, 2018//
Listen to this articleWhere a plaintiff who brought a bad-faith refusal to settle claim against his insurer sought discovery of documents that the insurer argued were protected by attorney-client privilege, the insurer did not waive the privilege through its deposition testimony, and the documents related to the insurer’s own liability and were thus protected by the privilege, so the writ of prohibition is made absolute.
Writ denied. Stay lifted.
State ex rel. Shelter Mutual Insurance Company v. Wagner (MLW No. 71808/Case No. WD81541 – 13 pages) (Missouri Court of Appeals, Western District, Howard, J.) Original proceeding on petition for writ of prohibition (William C. Crawford and James P. Maloney for relator) (Andrew J. Gelbach and William D. Vandever for respondent).
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