The insurer’s computerized investigation file is protected by litigation privilege

By Me Catherine Pilote-Coulombe

22 February 2018

On November 6, 2017, the Superior Court rendered a judgment on the question of litigation privilege as it relates to the insurer’s computerized investigation file in Fiset-Trudeau v. Compagnie mutuelle d’assurances Wawanesa, 2017 QCCS 5071. The case involved an insured who was suing his insurer to compel it to indemnify him after a fire severely damaged part of his building. In this connection, the insured was seeking communication of the insurer’s entire computerized file, including the computerized notes.

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