Reports Accidentally Produced By Insurer In Contamination Suit Are Not Discoverable

Mealey's (November 7, 2022, 1:01 PM EST) -- RIVERSIDE, Calif. — An insured seeking coverage for groundwater contamination at a county airport is not entitled to three reports regarding the contamination and prepared at the insurer’s request because the reports, which were inadvertently produced by the insurer during discovery, are clearly protected by the attorney-client privilege and the insurer did not waive its right to assert that privilege, a California federal magistrate judge said in denying insured’s motion seeking a determination that the reports are not subject to privilege or immunity....