Fiduciary Exception Applies In Disability Discovery Dispute, Magistrate Judge Says

(August 11, 2023, 10:08 AM EDT) -- MINNEAPOLIS — A Minnesota federal magistrate judge determined that a disability claimant is entitled to communications between a disability insurer and its attorney because the communications are exempted from protection under the fiduciary exception in the Employee Retirement Income Security Act as the communications occurred before the development of an adversarial relationship between the clamant and the disability insurer....