Documents Considered in Preparing Superstorm Sandy Claim Not Privileged, N.J. Federal Judge Rules

CAMDEN, N.J. — A New Jersey federal judge has ordered a policyholder to produce all documents its consultant considered in preparing its Superstorm Sandy claim, explaining that the information is not protected by the attorney-client privilege.

However, in an Aug. 5 order, Judge Joel Schneider of the U.S. District Court for the District of New Jersey further held that communications between the insured and its counsel for the purpose of securing legal advice, as opposed to claim-preparation purposes, is privileged.

Beachfront North Condominium Association Inc. (BNCA) sued Lexington Insurance Co., accusing it of underpaying its insurance claim for Superstorm Sandy-related …