DISCOVERY-ATTORNEY-CLIENT PRIVILEGE-STATEMENTS BY CLIENT TO INSURER BEFORE ATTORNEY EMPLOYED
Peterson, Jr. S. Ed., Colvin A.
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Abstract
Plaintiff, suing for personal injuries suffered in an automobile collision, sought discovery of statements made by defendant to his insurer, both before and after an attorney had been employed by the insurer pursuant to its contract with defendant. Defendant contended that such statements were within the attorney-client privilege. On appeal from an order denying discovery, held, affirmed. The statements were intended as a communication by defendant to the attorney ultimately to be retained for him by his insurer, and the insurer was the agent of defendant to transmit the statements to the attorney when selected.
Hollien v. Kaye, 194 Misc. 821, 87 N.Y.S. (2d) 782 (1949).