In June, I blogged about County of Los Angeles Board of Supervisors v. Superior Court, 235 Cal. App. 4th 1154 (2015). In that case, the California Court of Appeal (Second Appellate District) concluded that legal defense bills qualified as privileged attorney-client communications, and therefore need not be produced in response to a California Public Records Act request. I noted that the case could have major implications for the insurer-policyholder relationship, particularly whether and/or when an insured could feel comfortable submitting defense bills to an insurer. The California Supreme Court has now granted review in the case. The ultimate pronouncement from the Supreme Court will likely provide useful guidance for insurers and policyholders alike regarding the appropriate treatment of defense counsel invoices.
Related post: Submitting Your Defense Bills to Insurers Could Mean Waiving Privilege