The insured moved for an order compelling the production of documents from the insurer after 180 pages were produced, nearly all of which were blank after redactions. See Panattoni Construction, Inc. v. Travelers Prop. Cas. Co. of Am., Case No. C11-1195RSM, Order on Motion to Compel (W.D. Wash., Dec. 14, 2012) (see order here).

   The court noted that in bad faith actions brought by an insured, communications between insurer and its attorney were not privileged with respect to the insured. 

   Several emails between the insurer's claims handler and a unit manager were not privileged. Buried within some of these email strings was a single protected attorney-client communication, which was protected by the attorney-client privilege and could be redacted from the documents produced. 

   Another email from the attorney to claims handling personnel advising that a lawsuit had been filed and asking for copies of documents was not privileged. Nor was an email from the attorney advising of document preservation obligations. Finally, an email from the claims handling department to the attorney requesting review of the claim because opposing counsel was demanding payment was not protected by the attorney-client privilege.