How Does the Work Product Doctrine Apply in First-Party Insurance Situations?
In a first-party insurance situation, an insured seeks compensation from its own insurance carrier (this contrasts with third-party insurance situations, in which a third party damaged or injured by the insured seeks compensation from the insurer’s carrier). Whenever an insured makes a first-party claim, the carrier normally investigates the circumstances. If the carrier denies the claim and litigates with its insured, what work product protection can the insurance company assert for its investigation files? In 1550 Brickell Associates v. Q.B.E. Insurance Corp., No. 07-22283-CIV-LENARD/GARBER, 2008 U.S. Dist. LEXIS 83357, at *2 (S.D. Fla. Oct. 20, 2008), the court adopted the Southern District of Illinois’s standard, under which “a rebuttable presumption exists that all documents prepared before an insurer denies a claim are not work product, and all those prepared after a claim is denied are.” One day later, another court noted that analyzing work product claims in a first-party conte
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