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In first-party insurance scenarios, an insured seeks coverage directly from its insurance company for its losses (in contrast to third-party insurance, in which an insured seeks its insurance company’s help defending and paying for claims against the insured). Both types of insurance scenarios frequently involve work product protection issues.
In
Club Gene & Georgetti, LP v. XL Insurance America, Inc., No. 20 C 652, 2021 U.S. Dist. LEXIS 64759 (N.D. Ill. Apr. 2, 2021), the court assessed when an insurance company facing a first-party claim from an insured reasonably anticipated litigation with that insured (and therefore could claim work product protection). Not surprisingly, this question frequently arises after an event like the one the court addressed in this case – in which [t]he plaintiff’s steakhouse was damaged in a fire . . . of unknown origin ].
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