• Everest Indemnity Insurance Company v. Rea
  • April 13, 2015
  • Law Firm: Jones Skelton Hochuli P.L.C. - Phoenix Office
  • Rudolfo Brothers Plastering, Inc. claimed that Everest Indemnity Insurance Company acted in bad faith by entering into a settlement agreement that exhausted the liability coverage of an Owner Controlled Insurance Program (OCIP) policy to Rudolfo’s detriment. Everest argued it reached the settlement decision in good faith based on its subjective beliefs regarding the relative merits of the various available courses of action, which it formed after consulting with counsel. The superior court ruled that this defense impliedly waived the attorney-client privilege and ordered Everest to produce otherwise privileged documents.