Insurers and employers are worried about the potential fall-out from a pair of decisions out of the Montana and Texas Supreme Courts which hold that the attorney-client privilege does not extend to communications between a carrier's counsel and a third-party claims adjuster or a claimant's employer. David Brenner of Burns Anderson Jury & Brenner, defense counsel for the carrier in the Texas case, said Friday that "communications have become far more restrictive" between carriers and employers because of "concern from both sides that sharing communications will result in a waiv...
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