State Ex Rel. Brison v. Kaufman

In this case, the majority has concluded that, in a first-party bad faith action against an insurer, the attorney-client privilege and work product rule attach to documents contained in an insured claim file and litigation file. I concur in the decision reached by the majority opinion. I have chosen to write separately to address a distinction that courts have made involving first-party bad faith cases against insurers, and the implications of that distinction to the majority’s holding in this case.

TWO TYPES OF FIRST-PARTY BAD FAITH ACTIONS AGAINST AN INSURER

“There are different types of…