Practice Areas
Blog 
Insurance Law
News
- Homeowners Can Recover General Contractor's Overhead and Profit...
Posted on 8/25/2010 - Flood Insurance Is $8 Billion In The Red...
Posted on 8/10/2010 - Kemah Orders Destruction of Ike Damaged Homes...
Posted on 8/5/2010 - TWIA Announces Slab Claim Settlement...
Posted on 7/19/2010 - Texas Attorney General says "Don't believe Travelers Ad"...
Posted on 7/9/2010
Library
Insurance Law
- Replacement Cost Value v. Actual Cash Value
- Bad Faith Insurance Claims | Houston Bad Faith Insurance Claims Attorney
- Claim Denied - Tricks of the Trade - How Insurance Companies Deny, Delay, Confuse & Refuse
- Property/Casualty Insurance 2008: Overpriced Insurance And Underpaid Claims Result In Unjustified Profits, Padded Reserves, And Excess Capitalization
- Twelve Secrets To Getting A Fair Settlement On Your Insurance Claim
Houston Car Accident News | Houston Insurance Claim News | Houston Business Litigation News
TWIA Stands By Work Product Privilege In Hurricane Ike Litigation
Posted on Jan 11, 2010
An interesting article appeared in the Southeast Texas Record on January 7, 2010. In Hurricane Ike litigation, TWIA has raised the work product privilege as an excuse to refuse to produce documents containing communications between its representatives in relation to probable Hurricane Ike litigation.
Conversely, the attorney for the League City plaintiff asserts that TWIA can not raise the work product privilege to cover documents containing communications between TWIA's representatives prior to the time TWIA anticipated litigation in the case.
In this case, TWIA asserts that it anticipated litigation prior to Hurricane Ike making landfall because of its experience handling prior Texas hurricanes.
The work product privilege is a privilege that exists to protect communications between a party and its representatives and only applies to materials prepared, mental impressions developed, and communications made in anticipation of litigation or for trial. The primary purpose for the work product privilege is to protect the mental processes, conclusions and legal theories of the attorney and provide a privileged area so the attorney can analyze and prepare the case for trial.
Texas Rule of Civil Procedure 192.5(a) states that to qualify as work product, materials must have been prepared or mental impressions developed in anticipation of litigation or trial - that is, after the occurrence or transaction on which the suit is based.
In most first insurance party claim cases, the date of occurrence can not arise prior to the carrier's denial of coverage. Thus, I anticipate that the court will rule that all documents containing communications between TWIA's representatives in relation to probable Hurricane Ike litigation, but that occurred prior to the denial of insurance coverage will be ruled discoverable.
Read More About TWIA Stands By Work Product Privilege In Hurricane Ike Litigation...
Durrett Law Firm is located in Houston, Texas, and serves clients in the following surrounding TX areas:
Counties: Harris County, Ft. Bend County, Brazoria County, Galveston County, and Jefferson County.
Cities: Houston, Pasadena, Beaumont, Galveston, Bellaire, West University, Friendswood, Humble, Katy, Pearland, Tomball, Spring, South Houston, Webster, Waller, Missouri City, Bryan, Willis, Conroe, Baytown, and Stafford.
