Heidebrink v. Moriwaki

(dissenting) — I would affirm the Court of Appeals decision finding the statement of the insured to his *403insurance company is not protected by either the attorney-client privilege, RCW 5.60.060(2), or the work product immunity rule, CR 26(b)(3). The majority does not address the attorney-client privilege issue, limiting its discussion to the work product immunity rule issue. Because of my determination that neither applies, it is necessary to address both issues.

Attorney-Client Privilege

The attorney-client privilege provides:

An attorney or counselor shall not, without the consent of his…