In the framework of a complaint by an insured who was dissatisfied with the processing of her claim, the Syndic of the damage insurance oversight body, the Chambre de l’assurance dommages, conducted an inquiry into Aviva. In accordance with section 337 of An Act Respecting the Distribution of Financial Products and Services (DFPSA), the Syndic asked Aviva to send it various documents. The said section stipulates, inter alia, that at the request of a Syndic an insurer must forward “any required document or information concerning the activities of a representative.” Aviva objected to the transmission of some of the requested documents, on the ground that they were protected by litigation privilege covering the dispute between Aviva and its insured and also by professional secrecy.

Read more.