Massachusetts Federal Court Rules That Insurer’s Decision To Commence Rescission Action Does Not Waive Attorney-Client Privilege
Insurers can take comfort that their decision to bring a rescission action against a Massachusetts insured will not itself effect a waiver of the attorney-client privilege, at least in cases where the carrier’s process for deciding whether to sue is not relevant to the rescission claim itself. The federal district court in Massachusetts recently considered that precise question in Preferred Mutual Insurance Company v. Lodigiani, No. 13-cv-30138-MGM (D.Mass. Aug. 12, 2014).
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