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State Court Considers Possible Waiver Of Privilege Over Claims File In Workers’ Comp Case

Last week, the Supreme Court of South Dakota reversed a trial court judge who had concluded an insurer had impliedly waived the attorney-client privilege and thus had to produce all disputed documents in unredacted form.  The plaintiff had brought the suit against the insurer for bad faith in resolving the plaintiff’s underlying workers’ compensation claims.  The plaintiff...

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