For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

Silence is argument carried out by other means. –Ernesto “Che” Guevara As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation.  One difficulty arises in states that enforce a presumption against the privilege in bad faith suits.  In many cases, insurers need to […]