The Alberta Queen’s Bench analyzed the application of
solicitor-client and litigation privilege in separate, but related
tort and insurance actions and confirmed that both the insureds and
the insurer are clients of insurer-appointed counsel in the tort
action.
Pederson v Allstate Insurance, 2019
ABQB 531, per Henderson, J.
Facts + Issues
The plaintiff, Pederson, was injured in a motor vehicle
collision on February 23, 2003. Her vehicle was rear ended by a
Dodge Shadow which then fled the scene of the collision.
Ms. Danyluk was the registered owner of the Dodge Shadow and she
had an insurance policy with the Defendant, Allstate Insurance
Company of Canada (“Allstate”), which covered the Dodge
Shadow. Danyluk claimed that the Dodge Shadow had been stolen from
her before the collision and that it had never been
recovered.