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Contemplation of Litigation

What Happens in Vegas Stays in Vegas: Statements to the Insurer

By Michael Kealy

Sep2

You’re in a car accident. You call your insurance company. You give a statement to your insurance company about what happened. And then you’re sued. Can the other side see your statement? According to the Divisional Court in Sangaralingam v. Sinnathurai (2011), 105 O.R. (3d), they can’t see your statement. This makes a lot of [...]

Posted in Practice and Procedure | Tagged Contemplation of Litigation, Investigation, Privilege, Statement

But Do You Really Mean It? Litigation Privilege and the Investigation File

By Michael Kealy

Jul1

Insurance adjusters are sometimes surprised when their investigation file ends up in the hands of the other side.  This is especially true when they were suspicious of the claims being made at a very early stage.  While we routinely see this issue every day in our practice, addressing it is not necessarily routine. At some [...]

Posted in Practice and Procedure | Tagged Adjuster's File, Contemplation of Litigation, Investigation, Privilege

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