Fiduciary Exception Does Not Apply To Subrogation Communication, Judge Says

SCRANTON, Pa. - A Pennsylvania federal judge on July 29 partially denied a disability insurer's motion for a protective order regarding information sought in depositions after determining that the fiduciary exception to the attorney-client privilege does not apply to communications regarding the administration of the disability plan concerning subrogation shared among the plan, its fiduciaries and any attorney assisting in the administration of the plan prior to the filing of the disability claimant's lawsuit (Eric Yost, et al. v. Anthem Life Insurance Co., No. 3:16-cv-00079, M.D. Pa., 2019 U.S. Dist. LEXIS 125967).
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - Category: Medical Law Source Type: news