Lee v. Medical Protective Co.

*805 OPINION

BERTELSMAN, District Judge:

This matter is before the Court on objections to a discovery order issued by a Magistrate Judge, holding that certain documents in a medical liability insurance company’s file were privileged and need not be produced in discovery.

After careful review of the record, the Court holds that the objections must be sustained because the privilege was waived.

The case is a bad-faith action against an insurance company. This is what is known as a “third-party bad-faith” action. That is, the plaintiff here is not the insured doctor, but the plaintiffs in an underlying…