JANUARY 2007 BAD FAITH CASES COURT ORDERS IN CAMERA REVIEW OF ALLEGEDLY PRIVILEGED INFORMATION TO DETERMINE ISSUES ON MOTION TO COMPEL PRODUCTION (Middle District)

In Javorski v. Nationwide Mutual Insurance Company, the insured moved to compel the insurer to produce documents which the insurer asserted were protected by attorney/client privilege and/or attorney work product.  Pennsylvania law provides that communications from an attorney to her client are only protected if they reveal confidences of the client.  The court ruled that such materials should be presented to the court, for in camera review, to determine if and when the privilege is properly asserted.  The court would likewise determine if and when the attorney work product doctrine applies (which protects an attorney’s mental impressions or conclusions respecting the value or merit of a claim or defense or respecting strategy or tactics).

Date of Decision: November 30, 2006.

Javorski v. Nationwide Mutual Insurance Company, United States District Court for the Middle District of Pennsylvania, No. 3:06-CV-1071 (M.D. Pa. November 30, 2006) (Conaboy, J.).