Key Facts:
- Incident: A fire broke out on March 7, 2015, at a building owned by Center Street, after roofing work was done.
- Lawsuits:
- Primary Action: Center Street sued Lloyd's for denying coverage for property damage, claiming safety precautions during roofing operations were not followed.
- Secondary Action (#1701-03093): A neighboring condominium sued Center Street and others for damages from the fire.
Central Issue:
Lloyd's sought the release of a transcript of a witness (Lee Down, a roofer) interviewed by Charles Taylor Adjusting (CTA), claiming it was necessary for their defense. CTA resisted, citing litigation privilege.
Legal Issues:
- Litigation Privilege:
- CTA claimed privilege over the transcript, arguing it was gathered for TMK (another insurer) under the liability policy.
- Lloyd's contended that no privilege applied as multiple parties with adverse interests participated in the interview.
- Common Interest Privilege: The court evaluated whether those involved in the interview shared a common interest in litigation.
Decision:
- Privilege Denied: The court ruled the transcript was not protected by litigation privilege, as the parties at the interview (various insurers and contractors) had conflicting interests.
Outcome: The transcript must be provided to Lloyd’s for use in the case. No monetary award specified.
