The Crime-Fraud Exception
Read the full article at https://lnkd.in/g6h65NZ and see the full video at https://lnkd.in/gfFYkhQ and at https://zalma.com/blog plus more than 3400 posts.
A waiver of the privilege also may result when the carrier is sued for bad faith and/or fraud. For example, California Evidence Code Section 956 provides: “there is no privilege under this article if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud.” Even without a statute, the license to practice law, is not a license to commit a crime.
One federal court ruled that a bad faith claim not involving fraud is insufficient to trigger the exception. In Freedom Trust, the insured argued that the privilege had been waived because the insurer denied coverage in bad faith. The court recognized that the attorney “does not have to be aware of the fraud for the crime-fraud exception to apply” and that the fraud exception includes civil fraud. The court noted a split in authority nationally as to whether a bad faith claim triggers the crime-fraud exception.
إعلان مُمول
We are, so far, 80% funded for April. I am matching donations dollar for dollar this month. Thanks to everyone who helped out. 🥰
البحث
إعلان مُمول
الأقسام
- Art
- Causes
- Crafts
- Crime
- Dance
- Drinks
- Film
- Finance
- Fitness
- Food
- الألعاب
- Gardening
- Health
- الرئيسية
- Literature
- Music
- Networking
- Paranormal
- أخرى
- Politics
- History
- Party
- Science
- Religion
- Shopping
- Sports
- SyFy
- Politically Incorrect
- Philosophy
- Theater
- Technology
- Wellness
إقرأ المزيد
Time & Expense of a Failed Bad Faith Setup
In Maryland if Policy Limits are Offered Before Trial There Can Be No Bad Faith
Read the full...
German: Wichtige Information für Eltern, die ein Kind mit Down-Syndrom / Trisomie 21 / Mongolismus haben!
Hier eine wahrscheinlich sehr wichtige Information für alle Eltern eines Kindes mit...
When an Insurer Fulfills Its Promises There Can Never be Bad Faith
It is Contumacious to Sue an Insurer Who Fulfills all Promises Made by its Policy
Read the full...
Insurer Who Pas Jury Verdict Has No Duty to Appeal
He Who Represents Himself Has a Fool for a Client
Insurer Punished For Fulfilling Terms of...
Zalma's Insurance Fraud Letter - June 15, 2021
If you get a friend request from me ignore it - it wasn't me.
Read the full issue of Zalma's...