Discovery: Privileges: Waiver

MONTANA SUPREME COURT DECISIONS

American Zurich Ins. Co. v. District Court (Todd) [03/13/12] 2012 MT 61 The adjuster has authority to act on behalf of the insurer pursuant to § 39-71-107, MCA, including the authority to waive the insurer’s attorney-client privilege by sharing the attorney’s letter with the employer.

 
MONTANA WORKERS' COMPENSATION COURT DECISIONS
American Home Assurance v. Mary Bry [2/27/04] 2004 MTWCC 18 In pursuing a petition for benefits, the claimant generally waives any claim of confidentiality concerning information which is relevant to her claim or which may lead to admissible evidence.

Thompson v. State Fund [2/25/04] 2004 MTWCC 14 In pursuing a workers' compensation claim, the claimant waives any right to confidentiality regarding medical records which are relevant to his claim or which may lead to discoverable evidence regarding the issues raised by his claim.