Soltani-Rastegar

Two defendants in a personal injury action challenge a court order requiring disclosure of statements they made to an insurance claims representative. They contend that these statements are covered by the attorney-client privilege because they were made in contemplation of litigation and were directed to an agent of their attorney. They discount the fact that when the statements were given litigation had not yet begun and no attorney had been assigned to handle the case. Applying the teachings of Gene Compton's Corp. v. Superior Court (1962) 205 Cal.App.2d 365 [ 23 Cal.Rptr. 250 ], and Travelers Ins. Companies v. Superior Court (1983) 143 Cal.App.3d 436 [ 191 Cal.Rptr. 871 ], we grant the requested relief.

These proceedings arise out of a two-car accident in San Francisco on April 19, 1987. Real party in interest was an occupant of a car driven by his grandson. Petitioner Mariam Soltani-Rastegar was the driver of a car owned by petitioner Paul Craib. Mr. Craib’s car was insured by California State Automobile Association Inter-Insurance Bureau (CSAA). Within a month of the accident, Mr. Craib spoke with a CSAA claims representative over the phone and in person. He made no…