WASHINGTON COURT OF APPEALS REFUSES TO ALLOW PRODUCTION OF POST-LITIGATION COMMUNICATION BETWEEN INSURER AND COVERAGE COUNSEL IN DEFENSE OF UIM CLAIM

Ever since the Washington Supreme Court rendered its decision in Cedell v. Farmers Ins. Co. of Washington, 176 Wn.2d 686, 295 P.3d 239 (2013), state and federal courts in Washington have grappled with the fallout. One of key questions is when, and to what extent, policyholders are entitled to discovery of communications between insurers and their coverage counsel. This was the backdrop for the most recent decision in Washington on this issue, as found in Richardson v. Gov’t Employees Ins. Co., 2017 Wash. App. LEXIS 2310 (Wash. App. Ct., Oct. 3, 2017).

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