JANUARY 2010 BAD FAITH CASES
NO BAD FAITH EXCEPTION FOR PRIVILEGED DOCUMENTS INADVERTENTLY DISCLOSED (Middle District)
In R&N Automobile, Inc. v. Travelers Casualty Insurance Company of America, the court determined that documents inadvertently produced by the insurer were protected by the attorney-client privilege. The court refused to accept plaintiff’s argument that the documents were not privileged because the action was for bad faith. The court noted that several courts have held there is no bad faith exception in Pennsylvania.
Date of Decision: December 3, 2009
R&N Auto., Inc. v. Travelers Cas. Ins. Co. of Am., Civil Action No. 1:09-CV-0326, United States District Court for the Middle District of Pennsylvania, 2009 U.S. Dist. LEXIS 112269 (M.D. Pa December 3, 2009) (Conner, J.).