Where an insurer retains a solicitor to defend proceedings against the insured, the solicitor has a solicitor-client relationship with both the insurer and the insured, at least until a conflict of interest arises. A claims assessor's report commissioned by the insurer for the purpose of defending the claim is subject to joint privilege belonging to both insurer and insured, and the insured cannot use court processes to compel the insurer to surrender its copies of the report after indemnity is declined. The solicitor owes the insured duties of confidentiality and undivided loyalty not to divulge adverse information to the insurer without permission, unless the policy conditions clearly override such an obligation.
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