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BBA Submits Amicus Brief in Hanover Ins. Company v. Rapo & Jepsen Ins. Consistent with its long-standing support for preserving attorney-client privilege, the BBA filed an amicus brief in Hanover Ins. Company v. Rapo & Jepsen Ins. Services, Inc. and Arbella Mutual Ins. Company. This interlocutory appeal from the entry of a discovery order in a dispute between insurers presents issues regarding attorney-client privilege and work product doctrine in the context of a joint defense agreement. Specifically, it addresses whether Massachusetts law recognizes a joint defense privilege and whether an oral joint defense agreement is enforceable. The BBA brief supported the appellants’ position that Massachusetts recognizes the joint defense privilege, and that joint defense agreements need not be in writing to be enforceable. Special thanks to John A. Shope and Katherine Schmeckpeper of Foley Hoag LLP for drafting the brief on behalf of the BBA. |