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Case Law Update: Attorney-Client Privilege in Illinois

Illinois Emasco Insurance v. Nationwide Mutual Insurance, no. 1-08-1625 (8/6/09) found that the attorney-client privilege protected from disclosure documents of communications between insurer and its coverage counsel arising in declaratory judgment action as coverage for injury of ironworker during construction project (with $7.1 million verdict) for insured development corporation. Trial court can conduct in camera inspection to resolve disputes of which communications are privileged. This case will impact all Illinois cases.