WASHINGTON APPELLATE COURT EXPANDS APPLICATION OF IMPLIED WAIVER OF ATTORNEY-CLIENT COMMUNICATIONS DURING DISCOVERY FOR REASONABLENESS HEARING FOLLOWING A COVENANT JUDGMENT

Quarterly Newsletter Fall 2016

On July 26, 2016, the Washington Court of Appeals, Division II held that an implied waiver of attorney-client communications may occur when an insured enters into a covenant judgment with a claimant and an insurer challenges the reasonableness of the settlement. However, the Court held that, under the proper standards, the petitioners did not impliedly waive the attorney-client privilege nor was their work product discoverable.

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