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Insurers often rely on counsel, external or otherwise, when addressing the validity and/or strength of claims filed by their insureds. However, there is a trend in the courts which makes the extent and nature of such reliance something worth watching carefully, as there are circumstances in which that reliance could lead to the discoverability of otherwise privileged materials in the face of bad-faith denial claims. Therefore, one of the key questions for insurers and counsel when giving or receiving counsel’s advice at the outset of the claims process is this: