Judge Won’t Rethink Denial Of Attorney-Client Privilege Application In ERISA Row

Mealey's (March 12, 2020, 4:37 PM EDT) -- DALLAS — Two months after he granted a plaintiff health care provider’s motion to compel certain communications between an insurer and an insurance plan in a dispute over benefits under the Employee Retirement Income Security Act, a Texas federal judge on March 10 denied the insurer’s motion to reconsider his finding that the fiduciary exception prevented the insurer from invoking the attorney-client privilege against the plaintiff, as the plan beneficiaries’ assignee, related to plan administration documents (Advanced Physicians S.C. v. Connecticut General Life Insurance Co., et al., No. 3:16-cv-02355, N.D. Texas)....