McDonold v. Superior Court CA3
This pending action by insureds Silva Trucking, Inc. (Silva) and its employee Elaine McDonold, alleges insurance bad faith and legal malpractice in prelitigation handling of underlying personal injury claims against the insureds. The insureds demand discovery of attorney-client communications between their excess insurer (Lexington Insurance Company or LIC) and its attorney (Ralph Zappala and law firm Lewis Brisbois Bisgaard and Smith LLP, collectively LBBS) during prelitigation settlement discussions about the personal injuries.
The trial court denied discovery and granted a protective order, concluding LIC and LBBS met their burden to establish a prima facie case that the documents were privileged attorney-client communications between excess insurer LIC and its attorney LBBS (Evid. Code, § 954), and that LBBS did not also represent the insureds -- who were represented by an attorney hired by the primary insurer. The court further concluded that the insureds did not meet their
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