10 results for 'cat:"Insurance" AND cat:"Discovery" AND cat:"Contract"'.
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. 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. 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
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
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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. King grants the interlocal cooperative leave to file a second amended complaint, which arises from its first complaint alleging that the insurance company must defend and indemnify the interlocal cooperative in three underlying sexual abuse lawsuits. Filing a second amended complaint will not cause the insurance company undue prejudice because there is no scheduling order and no one has engaged in discovery yet. The interlocal cooperative must file its second amended complaint within seven days of this order.
Court: USDC Western District of Washington, Judge: King, Filed On: August 8, 2023, Case #: 2:21cv874, NOS: Insurance - Contract, Categories: insurance, discovery, contract
J. Duffin partially grants the insured's motion to compel discovery for the bad-faith claim in her lawsuit against the insurance company over underinsured motorist benefits she is attempting to claim stemming from in a car accident. The insured is granted limited discovery regarding the formula and method the company uses to calculate its cash reserves, and the company is ordered to produce a complete attorney-client privilege log within 21 days. The insured's motion is denied as to her demand that the company identify its people "most knowledgeable" of certain facts, and resolution is deferred as to other matters withheld by the company based on work product, attorney-client privilege and post-litigation information, as well as discovery of its actual cash reserve amount. The company's motion for a protective order and court review of its privilege log is denied, and the insured's motion for sanctions is denied without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: June 29, 2023, Case #: 2:22cv200, NOS: Insurance - Contract, Categories: insurance, discovery, contract