87 results for 'cat:"Insurance" AND cat:"Discovery"'.
[Consolidated.] J. Bianco finds that the district court improperly ordered the destruction of financial records obtained by federal labor agents and used in prosecuting a fraudulent life insurance scheme that caused over $50 million in losses. The criminal case had been resolved, but records may be required to defend against anticipated collateral attacks on that conviction and to preserve evidence should retrial occur.
Court: 2nd Circuit, Judge: Bianco, Filed On: December 11, 2023, Case #: 22-1057, Categories: Fraud, insurance, discovery
J. Coulson denies motion to compel production of documents in this reimbursement insurance dispute from carbon monoxide poisoning between two commercial insurers, Twin City Fire Insurance and Axis Insurance. Axis alleges that Twin City and its non-party customer have withheld some documents in response to discovery. The court finds Axis requests for documents are potentially relevant but cannot determine that they have demonstrated a substantial need and finds that the common-interest doctrine applies because Twin City and its non-party customer shared the same interest of obtaining reimbursement of damages.
Court: USDC Maryland, Judge: Coulson, Filed On: December 11, 2023, Case #: 1:22cv769, NOS: Insurance - Contract, Categories: insurance, discovery, Privilege
J. Rodriguez grants the real estate company's motion to substitute an expert witness in its lawsuit over an insurance payment for damage and repair to the real estate company's property. The company's original expert witness became unavailable due to his wife's health issues more than a month after his timely designation, which was outside of the company's control. The deadline to designate expert witnesses is granted for the sole purpose of allowing the company to redesignate this expert.
Court: USDC Southern District of California, Judge: Rodriguez, Filed On: December 6, 2023, Case #: 3:22cv1789, NOS: Insurance - Contract, Categories: insurance, Experts, discovery
J. Ritter grants, in part, the insurer's motion to compel, ruling that because the government's case hinges on the non-application of certain exclusion in the parties' insurance policy, it must provide a response to the interrogatory involving application of that exclusion. Additionally, the government must provide a response to the interrogatory about previous fraudulent conduct by individuals involved in the embezzlement scheme because it deals directly with the coverage dispute that is central to the insurer's defense.
Court: USDC New Mexico, Judge: Ritter, Filed On: December 5, 2023, Case #: 1:22cv242, NOS: Insurance - Contract, Categories: insurance, discovery
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J. Black grants, in part, the homeowners' motion to compel discovery, ruling certain communications between the insurer's employees regarding the initial inspection and valuation of a potential insurance claim are not protected under work product privilege because they were not produced in anticipation of litigation, but rather, were made in the ordinary course of business.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: November 28, 2023, Case #: 1:22cv438, NOS: Insurance - Contract, Categories: insurance, discovery, Privilege
Vice Chancellor Will grants limited access to a public holding company's books and records after a captive insurance subsidiary issued extraordinary dividends since the purpose is limited to valuation. While most information is publicly available, certain recent board minutes and formal communications with the Department of Insurance should be made available for inspection.
Court: Delaware Chancery Court, Judge: Will, Filed On: November 20, 2023, Case #: 2022-1067-LWW, Categories: insurance, discovery
J. Kobayashi partially dismisses the tech company’s counterclaim against the insurance company for refusing to produce documents during discovery of an underlying construction dispute. The tech company did not allege with enough specificity how the insurance company committed fraud by denying it access to final diagrams when the parties were settling on the underlying case. The tech company may file an amended counterclaim.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: November 14, 2023, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Fraud, insurance, discovery
J. Bell partially grants a consumer’s motion to stay his case against an insurance company, specifically to pause proceedings into early 2024 so that discovery can be completed. However, the consumer is denied a stay of unspecified length based on an unresolved underlying state court case as the company is not party to it. Also, for its part, the company also never took the opportunity to depose the consumer’s expert witnesses even though it had knowledge of them, which is another reason for the pause in proceedings.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 8, 2023, Case #: 5:22cv73, NOS: Insurance - Contract, Categories: insurance, Experts, discovery
J. Currault partially grants Burlington Insurance Company's motion to compel in an insurance dispute over losses incurred as a result of Hurricane Ida. The insurance company is entitled to an itemized account of the actual costs spent on repairs to the insured church's damaged property, rather than the initial estimates it was provided. The insurance company is also entitled to any documentation regarding donations from church members for time, labor or materials used in repairing the damaged property.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: November 2, 2023, Case #: 2:22cv1989, NOS: Insurance - Contract, Categories: insurance, discovery
J. Brown denies the insurance companies' motion to exclude the insurer's untimely identified medical expert in her complaint seeking recovery for injuries and property damages she allegedly sustained in a motor vehicle collision. Because the insured has not yet reached maximum medical recovery, a brief continuance of the pre-trial deadlines and trial date is appropriate to allow her to complete her medical treatment, reach maximum medical recovery, and for the parties to complete discovery on damages.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: October 25, 2023, Case #: 2:22cv2969, NOS: Motor Vehicle - Torts - Personal Injury, Categories: insurance, Experts, discovery
J. Snyder grants in part a homeowner’s motion in limine in an insurance coverage dispute regarding claims for damage caused to her home by fire, ash and rain. The insurer is precluded from arguing that a basement wall claim was the basis for the homeowner’s claim. Evidence of claims by other insureds is inadmissible. Undisclosed expert witnesses are excluded. One expert is precluded from offering engineering opinions or opinions on whether the engineering reports have merit.
Court: USDC Central District of California, Judge: Snyder, Filed On: October 20, 2023, Case #: 2:21cv172, NOS: Insurance - Contract, Categories: insurance, Experts, discovery
J. Huffman finds the trial court erroneously granted the policyholder's motion to compel discovery of his entire claim file with State Farm Insurance. Certain documents in the file provide evidence of the value of his uninsured motorist's claim, which is part of the case yet to be litigated; therefore, discovery of those documents will be stayed until the uninsured motorist portion of the suit is resolved. Reversed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: October 13, 2023, Case #: 2023-Ohio-3731, Categories: insurance, discovery, Privilege
J. Flanagan denies a homeowner and her counsel and appraiser their motions for judgment on the pleadings in a suit they brought against the homeowner’s insurance company over water leak damages following two separate hurricanes. The homeowner sued for over $1 million and denies that it owes the insurance company discovery because the homeowner’s counsel conducted arbitration with the company and should, therefore, be exempt based on North Carolina’s arbitration act. However, this is incorrect because the state does not extend the act to insurance appraisals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: October 12, 2023, Case #: 4:22cv42, NOS: Insurance - Contract, Categories: insurance, discovery, Contract
J. Evanson grants in part the customer’s claim that the insurance agency had the call center send pre-recorded calls even though he is on the national Do Not Call registry. The customer does not present sufficient evidence from the contract between the insurance agency and the call center that the insurance agency knew what the call center allegedly did, so the former cannot be held vicariously liable for the latter’s alleged activities. The insurer’'s motion to stay discovery in the alternative to bifurcate discovery is denied. If the customer wants to file an amended complaint, he must do so within 14 days of this order.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: October 11, 2023, Case #: 2:23cv16, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: insurance, Consumer Law, discovery
J. Currault denies a request by insurance giant Allstate to issue an order barring a former insurance agent from obtaining information about its contacts with his former clients for his breach of contract suit. Only Allstate communications with the agent’s customers who have non-Allstate products are relevant to his remaining claims alleging the insurer engaged in certain fraudulent statements or unfair trade practices after he was fired.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: October 10, 2023, Case #: 2:22cv2052, NOS: Insurance - Contract, Categories: Fraud, insurance, discovery
J. Gleason grants a petition for a stipulated protective order in an insurance dispute, outlining the scope, access to, designation of and handling of confidential material in discovery.
Court: USDC Alaska, Judge: Gleason, Filed On: October 6, 2023, Case #: 3:23cv146, NOS: Insurance - Contract, Categories: insurance, discovery
J. Cain denies a request by an insurance company to dismiss “bad faith” allegations regarding the adjustment of hurricane damage by a property management firm. The insurer argued that at the time of its assignment of claims by a prior insured realty firm, the insured predecessor was satisfied with the adjustment of the claim and therefore, no bad faith claim. A review of the policy finds that the assignee may pursue its claims against the insurer. The assignee-property manager’s suggestion that additional hurricane damages were not discoverable until a tenant moved out is “suspect.” Nevertheless, the court is hesitant to dismiss a bad faith claim, which should ultimately be decided by the jury.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: October 4, 2023, Case #: 2:22cv2552, NOS: Insurance - Contract, Categories: Evidence, insurance, discovery
J. Dorsey denies Travelers’ motion for attorney fees in the insurance dispute arising from a claim for water damage to a rooftop swimming pool under renovation. Travelers requested over $2 million in fees after the dispute was finally settled by a timelapse video showing that a tarp was not in place over the pool after the hotel owner had claimed that all precautions were taken. Both parties committed errors during discovery. Travelers has not proven entitlement to sanctions. The judge refers to the case as “bungled,” and “a colossal waste of resources.”
Court: USDC Nevada, Judge: Dorsey, Filed On: September 29, 2023, Case #: 2:16cv2933, NOS: Insurance - Contract, Categories: insurance, Sanctions, discovery
J. Africk grants a couple’s belated request to add an expert witness to their suit against their insurance company alleging that inadequate compensation for their losses from Hurricane Ida in August 2021 have left them displaced from their home more than two years later. Although amendment of the witness list would be close to the date of trial, the insurer does not identify specific harm that would be caused by permitting the testimony of the expert, a neutral appraisal umpire. Further, the exclusion of other litigant experts renders the umpire’s testimony “significant" to the homeowners' case.
Court: USDC Western District of Louisiana , Judge: Africk, Filed On: September 26, 2023, Case #: 2:23cv218, NOS: Insurance - Contract, Categories: insurance, Experts, discovery
J. Cain denies a request by State Farm to depose a hurricane-damage remediation contractor before the contractor's counsel deposes the insurer’s corporate representative regarding the former litigant’s assigned benefits claims on home repairs. State Farm unsuccessfully argues that because the contractor has the burden of proof at trial, State Farm should be permitted to depose the contractor first. State Farm has not shown good cause why its recommended sequencing of depositions should be ordered.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: September 26, 2023, Case #: 2:21cv3658, NOS: Insurance - Contract, Categories: insurance, discovery, Contract
J. Bourgeois denies a request by an insurance company to depose additional corporate representatives on the issue of unpaid damages alleged by its insured, a business that owns 36 apartment complexes in Louisiana. The insurer argues that the president of the apartment complex corporation has given insufficient responses on the topic. That the business will not be required to designate a new corporate representative on the issue of damages does not leave the insurance company without any remedies.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: September 19, 2023, Case #: 3:22cv485, NOS: Insurance - Contract, Categories: insurance, Damages, discovery