Nevada Clarifies Discovery Of Surveillance In Claim File

The claim file is the backbone of most insured losses and one of the first things that many claimants request when litigation starts. Nevada’s Court of Appeals recently decided a case that concerned discovering surveillance video contained in a claim file.

In Keolis v. Dist. Ct., there were three surveillance videos of the claimant. Two were created at the adjuster’s direction, the third was created later at a lawyer’s direction.

The claimant requested all three videos, but Keolis resisted, arguing the videos were work-product because they were prepared in anticipation of litigation.

The Court of Appeals rejected that argument as to the first two videos:

‘[An] attorney’s involvement is not itself sufficient to confer work-product protection to materials that otherwise would have been prepared in the ordinary course of business, irrespective of the attorney’s involvement.’

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