The Complex Insurance Coverage Reporter

BAD FAITH – DISCOVERY

Eddy v. Farmers Prop. Cas. Ins. Co., 2026 Ohio LEXIS 450 (Ohio, Feb. 26, 2026)

Ohio Supreme Court clarifies that attorney-client privileged communications in an insurer’s claim file are discoverable only upon a prima facie showing of “bad faith” and a determination by the trial court, following an in-camera inspection, that the communications “are related to the attorney’s aiding or furthering an ongoing or future commission of bad faith by the client” under Ohio Rev. Code § 2317.02(A)(2).* It explained that § 2317.02(A), as amended in 2007 ... Continue Reading