Does litigation privilege protect an insurance adjuster's investigation and file?
Ontario, Canada
The following excerpt is from Buttar v. Cheema, 2021 ONSC 5504 (CanLII):
Litigation privilege over an insurance adjuster’s investigation and file is not a black and white issue. Although not cited by either party, there is a body of case law discussing the extent to which litigation privilege protects an adjuster’s file. For example, in Panetta v. Retrocom, 2013 ONSC 2386, at paras. 27-59, Quinn J. reviewed various case law on relevance and litigation privilege over different portions of an adjuster’s file. Numerous other cases also address litigation privilege in the context of an adjuster’s investigation and file.
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