EMAIL TO A FRIEND COMMENT

 

Mental Health Records Protected from Invasion of Privacy and Process Abuse


An insurer's alleged conduct of subpoenaing the insured's mental health records in connection with statutorily mandated contractual arbitration of an uninsured motorist (UIM) claim was protected under the litigation privilege, with respect to allegations of invasion of privacy and abuse of process, where the insured placed her mental health in issue by listing "shock" and "nervous anxiety" among the injuries she sustained as a result of an automobile accident, and by claiming "impairment of earning capacity." Because of these allegations, the subpoenas were issued to achieve the objects of the litigation, and had some connection or logical relation to the action. The statutorily mandated contractual arbitration of the UIM claim was an "official proceeding authorized by law," and thus the insurer's alleged conduct of subpoenaing the insured's mental health records in connection with the arbitration was protected. See: Mallard v. Progressive Choice Ins. Co., 188 Cal.App.4th 531, 115 Cal.Rptr.3d 487 (Cal.App. 4 Dist. Sep 15, 2010), review denied (Nov 23, 2010).

 

 

REPRINTS & PERMISSIONS COMMENT