In a dispute over statutory accident benefits following a motor vehicle accident, the applicant sought production of the insurer's adjusters' notes, policy manuals, reserve documentation, and legal opinions.
The arbitrator ordered the production of adjusters' notes up to the date the application for mediation was filed, as litigation privilege generally attaches after that date.
The requests for policy manuals, reserve information, and legal opinions were denied, as reserve information is generally confidential to promote settlement, and there was no evidence that solicitor-client privilege had been waived for the legal opinions.
