85 results for 'cat:"Insurance" AND cat:"Discovery"'.
J. Jones orders the insureds to respond to two of the insurance company's interrogatories for the insureds' complaint alleging that the insurance company must fully cover the insureds' underinsured motorist claim. One of the interrogatories is relevant to the case because it deals with employment history and the insureds claim that they lost substantial wages, while the other interrogatory deals with why the insureds think that the insurance company violated the Insurance Fair Conduct Act, and the insureds cannot delegate their duty to respond on their expert witness.
Court: USDC Western District of Washington, Judge: Jones, Filed On: May 3, 2024, Case #: 2:23cv420, NOS: Insurance - Contract, Categories: insurance, Experts, discovery
J. Mathis finds the trial court properly granted the life insurance company's motion for the production of confidential medical records during discovery. The policyholder waived the patient-physician privilege when she signed a disclosure form as part of her application to process the death benefit claim following the death of her husband. Meanwhile, the insurance company properly rescinded the insurance policy because evidence in the medical records clearly contradicted the policyholder's application answers about her husband's health; specifically, she denied he had any mental disorder despite years of treatment for depression and had no health issues even though he was being treated for chronic liver disease. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 29, 2024, Case #: 23-3530, Categories: insurance, discovery, Privilege
J. Brennan denies the insurer's motion to compel discovery and the completion of an appraisal of reconstruction costs for the apartment building, ruling language in the parties' contract renders any appraisal signed by both parties final and binding. Therefore, the insurer cannot challenge any costs included in the appraisal, which was completed by an independent panel and signed by both parties.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 23, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Evidence, insurance, discovery
J. Docherty grants the insurers' motions to compel discovery and a deposition and denies the driver's motion to compel a deposition in the driver's suit arguing that he was improperly denied a policy for a classic car because he does not own a daily-use car. The driver failed to comply with meet-and-confer requirements and has not fully responded to discovery requests, and the insurers' requests seek relevant information, and are proportional to the needs of the case.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 12, 2024, Case #: 0:23cv525, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, insurance, discovery
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J. Alvarez conditionally grants a medical liability trust's petition opposing the deposition of a patient who is suing a doctor the trust refused to defend against the patient's claims. The trial court's improperly granted the doctor's motion to compel the deposition in his declaratory action against the trust, as it failed to correctly analyze and apply the law, and compelling the deposition exceeded the scope of discovery. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: March 20, 2024, Case #: 04-23-00779-CV , Categories: insurance, discovery
J. Leblanc grants a request by the owner of a medical office building damaged by back-to-back hurricanes in 2020, ordering its insurer to produce corporate deposition transcripts from other litigation related to the two storms. The insurer argued the property owner’s request was irrelevant and disproportionate to the needs of the case. The prior sworn testimony of the insurer when limited to particular matters is relevant and may lead to discoverable information, particularly regarding claims handling practices.
Court: USDC Western District of Louisiana , Judge: Leblanc, Filed On: March 5, 2024, Case #: 2:22cv05724, NOS: Insurance - Contract, Categories: Evidence, insurance, discovery
J. Godbey grants, in part, an insurer's motion for a protective order against discovery requests in an employee's action seeking coverage of a judgment he won against his former employer under the employer's insurance policy. Only two production requests are entitled to protection, as they seek information pertaining to coverage of unrelated third parties.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: March 4, 2024, Case #: 3:23cv769, NOS: Insurance - Contract, Categories: Employment, insurance, discovery
J. Hambrick denies the insurance company's motion for a protective order regarding a "copy of the first Stop Gap coverage form issued to BTI with documents showing the date the form was first used to insure BTI and all variants of that form used thereafter," which relates to the insurance company's complaint that it has no duty to defend or indemnify the employees for when one of the employees suffered injury when unloading a trailer of molten sulfur. The information regarding the stop gap coverage issued to non-party BT Incorporated is relevant and potentially admissible because it can give insight on the parties' intent when they entered into the contract, and the insurance company does not show how allowing this evidence into this case would be unduly burdensome.
Court: USDC Wyoming, Judge: Hambrick, Filed On: March 2, 2024, Case #: 1:23cv76, NOS: Insurance - Contract, Categories: insurance, discovery, Contract
J. Currault grants a request by a New Orleans property owner, ordering her insurer to produce written materials pertaining to her claim for damages by Hurricane Ida. The insurer’s nine-month delay in the production of documents identified in the court’s discovery protocols is improper. Likewise, the insurer’s discovery responses, most of which reflect boilerplate, unsubstantiated objections, are insufficient.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 16, 2024, Case #: 2:23cv761, NOS: Insurance - Contract, Categories: insurance, Damages, discovery
J. Flanagan denies an insurance company’s motion to show cause as a part of a dispute over a $1 million water damage claim following Hurricanes Florence and Dorian. The company alleges that claim’s appraisers should be sanctioned for appealing the company’s discovery requests as a violation of the court’s orders. However, the district court has refused to grant the appraisers’ motion for protective order from discovery, so this part of the litigation is dismissed for lack of jurisdiction and stayed until the appeal is resolved.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: February 16, 2024, Case #: 4:22cv42, NOS: Insurance - Contract, Categories: insurance, Jurisdiction, discovery
J. Boyle grants two insurance companies’ joint motion for entry of a consent order, instructing each on how to proceed regarding evidence, confidentiality and discovery.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 13, 2024, Case #: 4:22cv8, NOS: Insurance - Contract, Categories: Evidence, insurance, discovery
J. Maddox partially grants a construction company and its driver’s motion for leave to file a surreply in opposition to insurer’s motion to stay and to extend discovery in this argument over whether the insurer has a duty to cover a vehicle accident under its policy. The insurer’s motion to stay is denied and its motion to extend discovery is granted with discovery being reopened for 30 days. Pretrial dispositive motions must be filed no later than April 5, 2024.
Court: USDC Maryland, Judge: Maddox, Filed On: February 13, 2024, Case #: 8:22cv1637, NOS: Insurance - Contract, Categories: insurance, discovery
J. Wolfson compels the release of documents in claims contending an administrator worked with pharmacy benefit managers to reclassify essential drugs as non-essential to maximize profits at the expense of insurers. The company has an obligation to search documents, even if some are privileged, since production can be withheld later on. Meanwhile, the parties should confer on a narrow set of search terms to determine if certain financial documents should be produced.
Court: USDC New Jersey, Judge: Wolfson , Filed On: February 6, 2024, Case #: 2:22cv2632, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: insurance, Interference With Contract, discovery
J. Murray grants, in part, an insured’s motion to compel discovery request in this insurance suit of wrongful death claims for negligent or wanton failure to settle; bad faith failure to investigate, defend and settle; and tortious interference against the insurer. The insured is a non-medical home care assistance business and was sued after one of its customers died due to burns he received because he had been left in hot water by an employee. The court finds that the insurer will not be harmed by releasing certain unredacted versions of documents. The documents that are to be withheld are duplicate documents that were produced for in-camera review.
Court: USDC Southern District of Alabama, Judge: Murray, Filed On: February 6, 2024, Case #: 1:21cv372, NOS: Insurance - Contract, Categories: insurance, discovery, Privilege
J. Hightower denies an insurance company’s motion for a protective order and an alternative motion to quash subpoenas in a discovery dispute with a home building company over alleged construction defects at hundreds of properties, which the building company argues should be covered by its insurance. The insurance company argues the court has not yet ruled on whether the policy was ambiguous and therefore that “underwriting materials and extrinsic evidence” about the policies are not “relevant or discoverable,” but the court is not ruling on whether these materials “should be admitted into evidence,” and the insurance company has not met its burden to disregard discovery requests.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 18, 2024, Case #: 1:22cv1375, NOS: Insurance - Contract, Categories: Evidence, insurance, discovery
J. Blackburn grants an insurer's motion to quash the discovery request made when plaintiff disputed compensation following a car collision because the unduly burdensome request sought complete copies of the doctor's 10 most recent narrative reports following medical examinations, as well as income earned from performing exams, including IRS verification.
Court: USDC Colorado, Judge: Blackburn, Filed On: January 9, 2024, Case #: 1:22cv2717, NOS: Other Contract - Contract, Categories: insurance, discovery
J. Winmill denies the defendant insurance company's request to exclude "highly prejudicial evidence" in this breach of contract and bad faith lawsuit stemming from a fatal car collision. The insurance company argues that "evidence of the underlying accident is far too prejudicial to be outweighed by its limited probative value." However, the motion in limine is too broad "at this stage of litigation."
Court: USDC Idaho, Judge: Winmill, Filed On: January 4, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: insurance, discovery, Contract
[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