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ARTICLE · 16 AUGUST 2013

States' Differing Approaches To Attorney-Client Relationships In The Insurance Context Complicate Privilege Issues

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The attorney-client privilege necessarily depends on an attorney-client relationship. Some states recognize what is called a "tripartite" relationship among a liability insurance carrier, its insured, and the lawyer it hires to represent the insured.

United StatesLitigation, Mediation & Arbitration
Thomas Spahn
Thomas Spahn

The attorney-client privilege necessarily depends on an attorney-client relationship. Some states recognize what is called a "tripartite" relationship among a liability insurance carrier, its insured, and the lawyer it hires to represent the insured. Such a relationship can create conflicts issues, but generally assures privilege protection when the insured's lawyer communicates with the insurance carrier.

Other states take a different approach. In Larson v. One Beacon Insurance Co., the court noted that under Colorado law "'there is no attorney-client relationship between an insurance carrier and the attorney it hires to represent the insured.'" Civ. A. No. 12-cv-03150-MSK-KLM, 2013 U.S. Dist. LEXIS 81181, at *15 (D. Colo. June 10, 2013) (citation omitted). This meant that the attorney-client privilege did not protect communications between the insurance carrier (or its lawyer) and the insured (or his lawyer). On the other hand, because the insurance carrier and the

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