Question

A woman was involved in an automobile accident that resulted in the death of a passenger in her car. After she was charged with manslaughter, her attorney agreed to work with her insurance company’s claims adjuster in handling the case. As a result of the agreement, the woman gave a statement about the accident to the claims adjuster. When the prosecuting attorney demanded to see the statement, the woman’s attorney refused on the grounds that the claims adjuster was his—the attorney’s—agent, and therefore the statement was covered by the attorney-client privilege. Is the attorney correct? Why?

Answer 1

Yes the attorney was correct as the statement was protected by the attorney-client privilege. This is because the statement was taken for the purpose of defending the woman in a future lawsuit which the insurer was required to do. Thus The attorney client privilege can be extended to protect the written statement taken by the woman’sinsurer.here the insurer is acting to protect its insured from a claim made by someone else, and such privilege applies in third-party liability cases.