Cigna Can't Use Privilege To Shield Info In NFL ERISA Suit

By Danielle Nichole Smith (January 6, 2020, 9:08 PM EST) -- A Texas federal court has reversed course and found that Cigna can't use attorney-client privilege to get out of handing over documents relating to its handling of an NFL health benefits plan, finding that the insurer was never truly the attorneys' client as a fiduciary to the plan.

U.S. District Judge A. Joe Fish on Friday set aside an earlier opinion from a magistrate judge that held that Advanced Physicians SC couldn't use the so-called fiduciary exception to attorney-client privilege to force Cigna to turn over the allegedly privileged documents.

The clinic asked for the documents in January 2019, arguing they...

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