February 20, 2015

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

Connect with us

Visit our FacebookVisit our InstagramVisit our TwitterVisit our LinkedInVisit our YouTube channel
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. 
The viewing of this website does not constitute an attorney-client relationship. Attorney Advertising: Prior results DO NOT guarantee similar results.

Copyright © 2023 Pardalis & Nohavicka LLP. All Rights Reserved. Website Designed & Developed by Ruxbo
magnifier linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram