September 29, 2022
Pa. Panel Says Insurance Adjuster’s Notes Not Privileged – Law360

Pa. Panel Says Insurance Adjuster’s Notes Not Privileged – Law360

By Matthew Santoni (March 14, 2022, 3:04 PM EDT) — Most of an insurance adjuster’s notes are not protected by attorney-client privilege in a lawsuit over a Pittsburgh-area pedestrian struck by an ambulance, since they were not limited to the adjuster’s takes on legal issues, the Commonwealth Court of Pennsylvania ruled Monday.

The three-judge panel ruled that Monroeville Volunteer Fire Co. No. 4 couldn’t cite attorney-client privilege or work-product privilege to protect most of its claims adjuster’s notes made for a case involving Kenyatta Mwambu, who was 17 when he was struck in a crosswalk by a fire department ambulance, since those privileges only extended to direct communications between an attorney…

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