This Colorado appeal court judgment dealt with a dispute regarding alleged roof damage caused by hailstorm.
The policy covered direct physical loss caused by hail.
The claims adjuster who was initially assigned to investigate and report to the insurer concluded that the roof was damaged by hail and the insurer paid the claim based on
Loss Adjusters’ reports are only privileged where the reports are prepared in contemplation of litigation and for the purpose of seeking legal advice. But it is not every insurance claim where litigation is likely or reasonably anticipated.
The sole or dominant purpose of the creation of the report need not be for the purposes of