DENISE COTE, District Judge.
Plaintiff Starr Indemnity & Liability Company ("Starr") invokes the work-product doctrine and the attorney-client privilege to support its claw-back of documents produced in this litigation. For the reasons set forth below, Starr's application is denied with a limited exception.
This action, filed on February 1, 2013, concerns allegations that American Claims Management Inc. ("ACM") improperly handled 77 insurance claims on behalf of Starr pursuant to a claims services agreement. Fact discovery is currently scheduled to close on April 22, 2014.
During the March 27, 2014 deposition of Michael Haliskoe ("Haliskoe"), a claims manager at Starr, Starr objected to ACM's use of a July 2012 e-mail chain ("E-mail") between Haliskoe and another Starr claims manager, Deborah Clark ("Clark"), which made reference to a letter prepared by Starr's local counsel in Michigan ("Letter"). Following a teleconference with the Court, the deposition proceeded without questions about the E-mail, and the parties made written submissions regarding Starr's claim that the E-mail and Letter were protected by both the attorney-client privilege and the work-product doctrine.
The Letter, which was also produced to ACM in discovery, is four pages long, dated July 23, 2012, and written to Clark. The Letter begins by describing the attorney's assignment, which was to review a number of no-fault "PIP"
Two paragraphs of the Letter contain references to a Michigan statute and practices of judges in applying its terms. But, these paragraphs are not the focus of the Letter. Significantly, the E-mail makes reference to only the business-related conclusions of the Letter, not the limited discussion of the statute.
Starr relies principally on the work-product doctrine in seeking to redact the portions of the E-mail that make reference to the conclusions of the Letter. It also relies on the attorney-client privilege. Each issue is addressed in turn.
The work-product doctrine grants qualified protection to "materials prepared by or at the behest of counsel in anticipation of litigation or for trial."
Starr has failed to carry its burden of proving that the Email or the Letter is protected by the work-product doctrine. The Letter does not state or imply that it was prepared
Starr makes essentially two arguments in response, neither of which is persuasive. First, Starr attempts to connect the Letter to this litigation. It points to the fact that it conducted five audits in July and August of 2012, that the Letter was written during this time period, and that this litigation grew out of the audits. But, Starr regularly conducts audits as part of its business. The existence of an audit does not indicate that the Letter was written because of the prospect of litigation. Any other conclusion would sweep all correspondence with counsel during audits into the work-product doctrine.
Second, Starr cites
The standard for invocation of the attorney-client privilege is well established. It protects communications "(1) between a client and his or her attorney (2) that are intended to be, and in fact were, kept confidential (3) for the purpose of obtaining or providing legal assistance."
The mere fact that attorneys are involved in a communication does not cloak it with privilege. To qualify for the privilege, a communication must be "generated for the purpose of obtaining or providing
Starr has failed to carry its burden of proving that the Letter and E-mail are protected by the attorney-client privilege. The Letter largely offers assessments of the claims. But, as explained above, these are business assessments, not legal advice. Similarly, the E-mail refers only to the business conclusions in the Letter. Thus, neither document is protected by the attorney-client privilege, with the following exception: Starr may redact from the Letter the two paragraphs on page 3 discussing the Michigan statute. To the extent that Starr seeks to protect any other document from discovery, it shall follow the guidance set forth in this Opinion.
Starr's invocation of the attorney-client privilege and the work-product doctrine is rejected with the two exceptions noted herein.
SO ORDERED.