16 results for 'cat:"Insurance" AND cat:"Discovery" AND cat:"Privilege"'.
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 Meanwhile, the insurance company properly rescinded the insurance policy because evidence in the medical records clearly contradicted the policyholder's application answers about her husband's health;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. 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
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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. 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
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. Currault grants a request by a downtown hotel in New Orleans and orders its insurance company to provide more responsive answers to its written questions for its “bad faith” claim alleging that the insurer reserved extracontractual damages before arbitration of its contract related to hurricane damage claims. Although courts are divided on the relevance of reserves information in such cases alleging bad faith, the majority of courts have determined that such information is relevant for discovery purposes. Whether reserve information is admissible at trial is a separate inquiry from whether it is discoverable.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: September 14, 2023, Case #: 2:23cv1071, NOS: Insurance - Contract, Categories: insurance, discovery, privilege
J. Palk grants the insurance company's motion to quash, as well as the nonparty law firm's motion to quash, in this breach of contract lawsuit involving an underinsured motorist policy. The individual plaintiff has failed to articulate how certain categories of information are relevant to his claims. Also, the requested PowerPoint slides are protected by attorney-client privilege. Accordingly, the subpoenas at issue are quashed.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 30, 2023, Case #: 5:22cv349, NOS: Insurance - Contract, Categories: insurance, discovery, privilege