Rhatigan v Eagle Star Life Assurance Company

In Rhatigan v Eagle Star Life Assurance Company, the High Court found that Eagle Star was not required to provide discovery of documents prepared in anticipation of repudiation of a life insurance policy as these documents were protected by litigation privilege. A decision to repudiate is so likely to provoke litigation, that the steps taken by an insurer towards making such a decision must necessarily be characterised as steps taken in contemplation of litigation.  Communications between the insurer and reinsurer were also protected by privilege.

The case involved a claim for specific performance of a €2 million life insurance policy by the personal representatives of the insured who was deceased. The policy in question had been repudiated by Eagle Star on the ground of misrepresentation and non-disclosure of material facts relating to the insured's medical history.  The repudiation was challenged by the personal representatives (the plaintiff), who also sought