Great American Assurance Co. v. Liberty Surplus Insurance

ORDER DENYING MOTION TO DISQUALIFY COUNSEL AND TO STRIKE FROM THE RECORD PRIVILEGED INFORMATION AND VACATING HEARING

INTRODUCTION

Defendant Liberty Surplus Insurance brings this motion to strike from the record attorney-client privileged and work-product protected communication allegedly inadvertently sent to an agent for Great American Assurance Company. Liberty also argues that Great American’s counsel should be disqualified for not returning and for using the communication. In reply, Great American maintains that this motion was brought for an improper purpose and asks this Court for attorney’s fees and costs.

This order holds that Liberty has not met the burden of proving that the communication was involuntarily sent, thereby waiving any privilege and work-product protection. This order also holds that there are no grounds to disqualify Great American’s counsel. Thus, Liberty’s motion to strike privileged and protected information from the record and to disqualify Great American’s counsel is Denied. Great American’s request for attorney’s fees and costs is also Denied. The hearing set for September 24, 2009, is Vacated.

STATEMENT

In this action, Great American seeks…