Are Communications With Your Insurance Broker Privileged Under New York Law?
Discussions with an insured’s insurance broker are often an important part of the negotiation process for insurance claims. Brokers can provide valuable insights on the drafting and underwriting of the insurance policy as well as the attitudes of insurers on particular issues. But are communications between a client, coverage counsel, and the client’s insurance broker privileged? A previous post addressed California decisions finding that disclosure of privileged information to an insurance broker did not waive privilege because those disclosures were reasonably necessary to provide information to the insurers. In New York, whether such disclosure constitutes a waiver is a fact-specific inquiry. Read the full Policyholder Perspective blog post here.