Legal cost protection and the question of privilege

With the introduction of legal cost protection, defendant insurers are increasingly requesting the production of legal cost protection indemnity agreements (Indemnity Agreement). In some cases, it is simply requested as an undertaking from discovery; in other cases, the defendant insurer is arguing that disclosure is required based on statute or regulatory provisions that require the disclosure of “insurance” contracts.

Irrespective of the defendant insurer’s motivation for seeking production, the question is whether these agreements are privileged and required to be produced?

In a recently published article in Advocate Daily, the issue of legal cost protection and the question of privilege is fully explored, including case references and established precedents that are very helpful when navigating this evolving legal topic.

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