Tag archives: Privilege

Loss adjusters’ reports may not be privileged

By Donald Dinnie on November 15, 2019 Posted in Insurance

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 … Continue reading

Communication via brokers held not to be privileged

By Sandra Sithole (ZA) on September 22, 2016 Posted in Insurance

A US court has ruled that communications between lawyers and insurers which passed through a London broker are not privileged. This is because entrusting lawyer advices to a third party, such as a third party broker, amounts to a waiver of privilege since those communications are no longer confidential. The London brokers acted as nothing … Continue reading