Everest Indemnity Insurance v. Rea

OPINION

GEMMILL, Judge.

¶ 1 The issue presented in this special action is whether Petitioner Everest Indemnity Insurance Company has impliedly waived the attorney-client privilege by asserting subjective good faith as a defense in this bad faith case. For the reasons that follow, we accept special action jurisdiction and grant relief.

BACKGROUND

¶ 2 Everest challenges the trial court’s order requiring production of documents it contends are privileged communications between it and its counsel. Real Parties in Interest Rudolfo Brothers Plastering and Western Agricultural Insurance Company…