Bullseye Adjusting & Associates LLC

Court Rules Adjuster’s Notes Protected In Subrogation Case

 Wednesday, December 16, 2020

 Canadian Underwriter

When The Co-operators quickly notified a third-party insurer, AIG Inc., upfront of its intention to pursue a subrogation claim against AIG’s client in an oil spill case, little did The Co-operators know the move would later backfire when it came time to accessing the notes of AIG’s claims adjuster.

The Nova Scotia Supreme Court recently held that the adjuster’s notes — which are central to a dispute between The Co-operators and AIG over the validity of a two-year limitation period — are protected by litigation privilege.

In Colman v. AAA Plumbing and Heating Limited, the court found that The Co-operators, a first-party insurer, and AIG, a third-party insurer, were in an adversarial relationship from the outset of a two-year settlement negotiation that dragged out until the two-year limitation period had ended.

The adjuster’s notes, the court found, were subject to litigation privilege because they were created at a time when litigation regarding a subrogation claim against the third-party insurer, AIG, was in “reasonable prospect,” and “the dominant purpose of the file was to prepare for that litigation, whether by a trial or negotiated settlement.”

New Jersey’s Dangerous “Entire Controversy Doctrine”

 Tuesday, October 1, 2019

 Matthiesen, Wickert & Lehrer, S.C.

Washington Supreme Court Throws Automobile Subrogation Into Chaos

 Tuesday, September 3, 2019

 Matthiesen, Wickert & Lehrer, S.C.

Calif. high court limits insurer subrogation rights in workers comp cases

 Wednesday, August 24, 2011

 Business Insurance