AXA Seguros, SA De CV v Allianz Insurance Plc (t/a Allianz Global Risks) & Ors

AXA Seguros, SA De CV v Allianz Insurance Plc (t/a Allianz Global Risks) & Ors

Although litigation between the Claimant and Defendants was reasonably in prospect when Halcrow was instructed, the Defendants failed to establish that the dominant purpose of the Halcrow reports was anticipated litigation rather than dual purposes including investigation of the underlying insurance claim. Therefore, litigation privilege does not attach to the reports and associated documents.

Parties
Claimant: AXA Seguros, S. A. de C. V.; Defendant: Allianz Insurance PLC (T/A Allianz Global Risks); Defendant: Swiss Re Europe SA; Defendant: Munchener Ruckversicherungs-Gesellschaft AG; Defendant: Assicurazioni General SPA; Defendant: QBE Insurance (Europe) Limited
Jurisdiction
England and Wales
Judgment Date
02 March 2011
Procedural Posture
Commercial Insurance/reinsurance Dispute / Interlocutory Application for Inspection/disclosure
Outcome
Application for inspection of Halcrow reports and associated documents succeeds; litigation privilege not established.
Legal Topics
Litigation Privilege, Disclosure of Documents, Reinsurance Contracts, Expert Evidence
Insurance Law Civil Procedure Evidence Litigation Privilege Disclosure of Documents Reinsurance Contracts Expert Evidence

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Parties

AXA Seguros, S. A. de C. V.

Claimant

Allianz Insurance PLC (T/A Allianz Global Risks)

Defendant

Swiss Re Europe SA

Defendant

Munchener Ruckversicherungs-Gesellschaft AG

Defendant

Assicurazioni General SPA

Defendant

QBE Insurance (Europe) Limited

Defendant

Procedural Posture

Commercial Insurance/reinsurance Dispute / Interlocutory Application for Inspection/disclosure

Legal Issues

  1. 1 Whether litigation privilege attaches to Halcrow reports and associated documents prepared for the Defendants in connection with the Don Nogales highway claim
  2. 2 Whether litigation between the Claimant and Defendants was reasonably in prospect when the reports were created
  3. 3 Whether the dominant purpose of the Halcrow reports was anticipated litigation between Claimant and Defendants

Ratio Decidendi

Although litigation between the Claimant and Defendants was reasonably in prospect when Halcrow was instructed, the Defendants failed to establish that the dominant purpose of the Halcrow reports was anticipated litigation rather than dual purposes including investigation of the underlying insurance claim. Therefore, litigation privilege does not attach to the reports and associated documents.

Court Disposition

Application for inspection of Halcrow reports and associated documents succeeds; litigation privilege not established.

Orders

  • Defendants to disclose Halcrow reports and associated documents; form of order to be settled after hearing counsel.