Pardalis & Nohavicka Insurer Litigation Update: Protect Your Claim File at Deposition!

Mercury Ins. Co., litigated to stay Uninsured Motorist ¬†arbitration, and to bring in GEICO. GEICO’s rep was deposed and referred to docs in the claim file to refresh her memory when responding to questions. Merc’s counsel wanted a look-see at the file; counsel for GEICO refused claiming that the contents were privileged. The court disagreed: ¬†the privilege that applies to materials prepared for litigation if that material is reviewed by a witness to refresh their recollection prior to a trial or deposition and the testimony is based, at least in part, on that material.

How to Protect Privilege: Provide a detailed privilege log (CPLR 3122); request in camera (court’s eyes only) inspection of the claim file.

Matter of Mercury Ins. Group v Brown-Fort

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