Mississippi Concludes That the Attorney Client Privilege Was Waived by Adjuster Using Denial Letter Written by Lawyer

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The trial court found that the insurance company waived the attorney-client privilege when it relied on its counsel to write a denial letter on a UM/UIM claim concluding that UM insurance does not cover property not an auto damaged by an uninsured motorist and was required to produce written communications between its in-house counsel and its claims handler and to produce its in-house counsel for a deposition. In Travelers Property Casualty Company Of America v. 100 Renaissance, Supreme Court Of Mississippi (October 29, 2020), much to the surprise of the litigants, over an educated dissent, agreed with the trial court.

ZALMA OPINION

This case should never have found its way to the Mississippi Supreme Court.  No one is entitled to the lawyer’s reasoning or work and the client cannot waive that protection ignored by the Supreme Court in the case. I have had people try to get my thoughts as a lawyer and I just objected by refusing to testify about the “protected work product of a lawyer.”