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9th Circuit – In-House Counsel Internal Communications Before Final Appeal Not Privileged

Posted in ERISA

Are in-house consultations on plan term interpretation, before a final appeal denial, privileged and confidential?  NO says the Ninth Circuit… Here’s the attached case of Stephan v. Unum Life Insurance Company of America, __F.3d__, 2012 WL 3983767 (9th Cir. September 12, 2012) that highlights the point.  The case also shows that:  an Insurance Commissioner’s ban… Continue Reading