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.
The insurer’s computerized investigation file is protected by litigation privilege
April 2018
Stein Monast, Quebec
