internal communications not privileged

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