Legal Opinion
Allstate Insurance Co. v. Clancy
Indiana Court of Appeals
Decided October 26, 2010No. 45A03-0910-CV-498PublishedCited by 5 opinions
1Opinion of the Court
OPINION
KIRSCH, Judge.
In an action alleging it engaged in bad faith settlement practices, Allstate Insurance Company ("Allstate") brings this interlocutory appeal of the trial court's order granting a motion to compel the production of documents and raises the following restated issue: Whether the trial court abused its discretion by compelling production of documents subject to the attorney-client privilege on the ground that Allstate has implicitly raised an advice of counsel defense, thereby waiving the attorney-client privilege.
We reverse.
FACTS AND PROCEDURAL HISTORY
On May 27, 2002, an…
Also in this document: Concurrence.
2Cases cited20 opinions
- Erie Insurance v. Hickman Ex Rel. SmithIndiana Supreme Court · 1993
- Hearn v. RhayDistrict Court, E.D. Washington · 1975
- Rhone-Poulenc Rorer Inc. And Armour Pharmaceutical Company v. The Home Indemnity Company, a New Hampshire Corporation v. Aetna Casualty & Surety Insurance Aiu Insurance Company American Centennial Insurance Company Birmingham Fire Insurance Company First State Insurance Company Granite State Insurance Company Hartford Insurance Company Insco, Limited Insurance Company of Pennsylvania Lexington Insurance Company Manhattan Fire & Marine Insurance Company Motor Vehicle Casualty Company Old Republic Insurance Company Pantry Pride Inc. Promethean Insurance, Ltd. Prudential Reinsurance Company Puritan Insurance Company Revlon Inc. Twin City Insurance Company London Market Co. John Barrington Hume, as Representative of Underwriters at Lloyds Insurance Company of North America National Union Fire Insurance Company of Pittsburgh, Pennsylvania All City Insurance Company Employer's Mutual Casualty Gibralter Casualty Company Landmark Insurance Company New England Insurance Company Royal Insurance Company Republic Insurance Company International Insurance Company Pacific Insurance Company, Ltd. Atlanta International Insurance Company Century Indemnity Company Liberty Mutual Insurance Company Transport Insurance Company Midland Insurance Company Integrity Insurance Company Union Indemnity Insurance Transit Casualty Company City Insurance Company Drake Insurance Company Excess Insurance Company Home Insurance Company Pacific Employer's Insurance Company Royal Indemnity Company Zurich International Insurance Company Henrijean Illinois National Insurance Company North Star Reinsurance Company and National Casualty Insurance Company, and the Honorable James McGirr Kelly, United States District Judge for the Eastern District of Pennsylvania, Nominal Morgan, Lewis & Bockius Reed Smith Shaw & McClay Shanley & Fisher, P.C. Hughes Hubbard & Reed Montgomery McCracken Walker & Rhoads Skadden Arps Slate Meagher & Flom and Coopers & Lybrand, Intervenors in Support of Rhone-Poulenc Rorer Inc. And Armour Pharmaceutical Company v. The Home Indemnity Company, a New Hampshire Corporation v. Aetna Casualty & Surety Insurance Aiu Insurance Company American Centennial Insurance Company Birmingham Fire Insurance Company Transportation Insurance Company First State Insurance Company Granite State Insurance Company Hartford Insurance Company Illinois National Insurance Co. Insco, Ltd. Insurance Company of the State of Pennsylvania Lexington Insurance Company Manhattan Fire & Marine Insurance Company Motor Vehicle Casualty Company National Union Fire Insurance Company of Pittsburgh, Pa New England Reinsurance Company New Hampshire Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pantry Pride, Inc. Promethean Insurance, Ltd. Prudential Reinsurance Company Puritan Insurance Company Revlon, Inc. Twin City Insurance Company the London Market Companies and John Barrington Hume, a Representative of Underwriters at Lloyds of London and Revlon, Inc. v. City Insurance Company Drake Insurance Company Excess Insurance Company Henrijean the Home Insurance Company Pacific Employer's Insurance Company Royal Indemnity Company Zurich International Insurance Company Insurance Company of North America National Union Fire Insurance of Pittsburgh, Pa All City Insurance Company Employers Mutual Casualty Company Gibralter Casualty Company Landmark Insurance Company New England Insurance Company Royal Insurance Company Republic Insurance Company International Insurance Company Pacific Insurance Company, Ltd. Atlanta International Insurance Co. Century Indemnity Company Liberty Mutual Insurance Company Transportation Insurance Company Midland Insurance Company Pacific Insurance Company, Ltd. Atlanta Insurance Company Ltd. Century Indemnity Company Liberty Mutual Insurance Midland Insurance Company Integrity Insurance Company Union Indemnity Insurance Company Transit Casualty Company Royal Insurance Company Royal Indemnity Company New England Insurance Company Insurance Company of North America North Star Reinsurance Company and National Casualty Insurance Company, Morgan, Lewis & Bockius Reed Smith Shaw & McClay Shanley & Fisher, P.C. Hughes Hubbard & Reed Montgomery McCracken Walker & Rhoads Skadden Arps Slate Meagher & Flom and Coopers & Lybrand, Intervenors-AppellantsCourt of Appeals for the First Circuit · 1994
- Monroe Guaranty Insurance Co. v. Magwerks Corp.Indiana Supreme Court · 2005
- Tackett v. State Farm Fire & Casualty Insurance Co.Supreme Court of Delaware · 1995
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3Cited by5 opinions
- Bertelsen v. Allstate Insurance Co.South Dakota Supreme Court · 2011
- Andrews v. Ridco & Twin City Fire Ins. Co.South Dakota Supreme Court · 2015
- Balzer v. American Family InsuranceDistrict Court, N.D. Indiana · 2011
- Allstate Insurance Co. v. ClancyIndiana Supreme Court · 2011
- Allstate Insurance Co. v. ClancyIndiana Court of Appeals · 2010