The insurer appealed an arbitrator's order requiring it to produce all current and future surveillance information and supporting documentation regarding the claimant.
The Director's Delegate allowed the appeal, finding that under Rule 40.1 of the Dispute Resolution Practice Code, an insurer's obligation to disclose surveillance materials only arises when it decides to rely on that evidence at the hearing.
The arbitrator erred in applying a balancing approach to litigation privilege and in finding that she had unfettered discretion to order early production.
