HARRY S. WENDER, Administrator of the Estate of Chingore Sebastian Moio, APPELLANT, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, APPELLEE, 434 A.2d 1372

Summary

The issue on appeal was whether material that was withheld from discovery by the insurance company under the attorney client privilege could have later been used by the insurance company at trial. During a personal injury action against the insured, the insurance company undertook negotiations but refused to settle within the policy limits, and the trial resulted in a substantially higher liability for the insured. The insured filed suit against the insurance company and the administrator was substituted for him when he died. In a suit filed against the insurance company for the increased liability, the insurance company, just before trial, declared that it intended to use certain documents that had previously been withheld as privileged, which the trial court allowed over the administrator's objections. On review the court disagreed, and held that where a party authorized partial disclosure, the entire privilege had to be treated as waived. The court held that discovery of material ...