• Nevada Federal Court Allows Discovery of Coverage Counsel’s Testimony and Unredacted Work Product Despite Insurer Not Formally Raising Advice of Counsel Defense
  • May 22, 2017 | Author: Mark E. Hellenkamp
  • Law Firm: Morris Polich & Purdy LLP - San Diego Office
  • In a declaratory relief action in which a bad faith counterclaim had been asserted, a federal district court in Nevada granted the insured’s motion to compel the testimony of the insurer’s outside coverage counsel and an unredacated copy of her work product. The insurer had not raised advice of counsel as a defense, but its claim adjuster testified that she made the decision to deny coverage in reliance on coverage counsel’s recommendation.