A current Binder member's trial-preparation dilemma raises an insurance-law question about independent counsel, privileged defence reports and overlapping duties.
About this publication
A current Binder member working in insurance claims counsel was preparing for trial when the insured's independent counsel, whose role had been described as oversight, requested defence records. Concerned that the material could also assist a potential dispute between the insured and insurer, the member paused because the information-sharing arrangements and internal coverage firewalls were unclear. Who may receive privileged defence material, and how do the duties of claims counsel, defence counsel and independent counsel overlap? This Premium analysis uses Binder Intelligence research and Canadian court decisions to examine defence control, competing mandates, privilege and effective reporting safeguards.
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