Legal Opinion
Bank of America, N.A. v. Superior Court
California Court of Appeal
Decided January 15, 2013No. G046829PublishedCited by 45 opinions
1Opinion of the Court
*1083Opinion
FYBEL, J.
Introduction
When an insurer retains counsel to defend its insured, a tripartite attorney-client relationship arises among the insurer, insured, and counsel. As a consequence, confidential communications between either the insurer or the insured and counsel are protected by the attorney-client privilege, and both the insurer and insured are holders of the privilege. In addition, counsel’s work product does not lose its protection when it is transmitted to the insurer.
In this case, we hold the same tripartite attorney-client relationship arises when a title insurer retains…
2Cases cited38 opinions
- Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
- Rutherford v. Owens-Illinois, Inc.California Supreme Court · 1997
- Shamblin v. BrattainCalifornia Supreme Court · 1988
- San Diego Navy Federal Credit Union v. Cumis Insurance SocietyCalifornia Court of Appeal · 1984
- Kowis v. HowardCalifornia Supreme Court · 1992
33 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- County of Kern v. T.C.E.F., Inc.California Court of Appeal · 2016
- Pope v. BabickCalifornia Court of Appeal · 2014
- Behunin v. Superior Court of Los Angeles CountyCalifornia Court of Appeal · 2017
- Hearn Pacific Corp. v. Second Generation Roofing, Inc.California Court of Appeal · 2016
- Edwards Wildman Palmer LLP v. Superior CourtCalifornia Court of Appeal · 2014
40 more not listed; retrieve them via the Exa API.