Adjuster's may be cross examined on affidavits
The plaintiff brought a motion to compel counsel for the insurer to re-attend for further cross examination on an Affidavit she swore in support of an Order compelling the plaintiff to attend three defence medical examinations. The Court so ordered.
Trecartin v. Pilot Insurance Co. March 17, 2008. Ontario Superior Court of Justice.
In the context of an action for statutory accident benefits arising out of a motor vehicle accident, the plaintiff sought an order that counsel for the defence re-attend on an examination of her Affidavit. Counsel for the defence had sworn the Affidavit in support for an order that the plaintiff attend three defence medical examinations. Counsel for the defence refused to answer a question regarding communications between the insurance company and the lawyer representing the insurance company in the tort action. The court found that such a refusal was proper on the basis of privilege. Counsel for the defence also refused to answer a question regarding a "firewall." The court found that the refusal to answer that question was not justified. The question was relevant and not subject to privilege.
