As a matter of first impression, the Supreme Court of West Virginia recently held that coverage opinion letters were protected by the attorney-client privilege even though the insurer subsequently sent correspondence to its insured that included the recommendation of coverage counsel. State of West Virginia ex Rel Montpelier U.S. Ins. Co., No. 13-1172, 2014 WL 1408487 (W. Va. Apr. 10, 2014). The Court conducted an in camera examination of the documents the insurer claimed were privileged. The insured argued that because the insurer disclosed the recommendation of the coverage opinion letters to the insureds, the attorney-client privileged was waived. The insureds relied on the third-party disclosure exception to the attorney-client privilege. The Court surveyed cases nationwide and found no authority…
