The plaintiff brought a motion to compel answers to refusals and undertakings arising from an examination for discovery in an insurance coverage dispute following a parking garage collapse.
The defendant insurer resisted production of certain documents and adjuster notes on the basis of litigation privilege and solicitor‑client privilege.
The court determined that litigation privilege arose after an unequivocal threat of litigation made by the insured’s representative on July 20, 2010, and that documents created after that date were protected.
Several earlier communications reflecting legal advice from counsel were also protected by solicitor‑client privilege, while limited factual portions of adjuster notes were ordered produced.
The court partially required disclosure of non‑privileged factual information but otherwise upheld the insurer’s privilege claims.
