News & Analysis as of

Document Productions Insurance Litigation

Marshall Dennehey

Third District Court Quashes Order Granting Motion for Protective Order Relating to a Corporate Representative’s Deposition

Marshall Dennehey on

Hamilton v. Citizens Property Insurance Corporation, Fla. 3rd DCA, 3D23-1934, May 1, 2024 - The petitioner in this matter (the plaintiff below) sought certiorari review of a discovery order granting a motion for protective...more

Marshall Dennehey

Florida’s Third District Court of Appeals Quashes Trial Court’s Order Compelling Production of Certain Claim File Documents

Marshall Dennehey on

Vault Reciprocal Exchange v. Luria, et al., 2024 WL 948632 (Fla. 3rd DCA 2024) - During discovery, Vault Reciprocal Exchange responded to Luria’s request for production and preemptively filed a privilege log, which objected...more

Chartwell Law

Florida Court Rules Documents Contained Within an Underwriting or Claims File are Protected Work Product

Chartwell Law on

For years, the plaintiff’s bar has taken the position that there is no “claims file privilege.” This mantra is repeated without any explanation regarding why this phrase is somehow sufficient to compel production of documents...more

Cozen O'Connor

Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois

Cozen O'Connor on

In determining when the work product doctrine is triggered, the Northern District of Illinois recently held that, rather than adopting a bright-line rule, the issue should be decided on a case-by-case basis at the court’s...more

White and Williams LLP

Coverage Counsel Authors Insurer’s Letters – Leads To Waiver of Attorney-Client Privilege

White and Williams LLP on

The other thing more unexciting than a discovery dispute is reading about someone else’s discovery dispute. But Wednesday’s decision from the Washington federal court in Canyon Estates Condominium Association v. Atain...more

Carlton Fields

Court Sheds Light on ERISA’s Fiduciary Exception to Attorney-Client Privilege

Carlton Fields on

A federal district court in Ohio recently attempted to shed some light on when internal communications between an ERISA plan administrator and its in-house counsel are discoverable and when they are protected by the...more

Carlton Fields

Insurance Broker Must, At Its Own Expense, Produce Documents Requested By Subpoena Issued In Dispute Between Workers’ Compensation...

Carlton Fields on

A district judge in the Eastern District of California has ordered a third-party insurance broker to comply with a subpoena from defendants seeking documents related to that broker’s sale of defendant’s insurance policies to...more

Carlton Fields

Court Rejects Defendant’s Objections To Subpoenas As Untimely And Baseless In Fraudulent Transfer Default Judgment Spat

Carlton Fields on

In a dispute previously reported on this blog, the Southern District of California overruled a defendant’s objections to subpoenas served on a former expert witness in defendant’s unrelated divorce case and to a bank for...more

Cozen O'Connor

Production of Insurance Company Claim Files In Bad Faith Litigation: Three Years After Cedell, Where Are We?

Cozen O'Connor on

Bad faith litigation is complex and costly. In these types of cases, the discovery process often sets the initial tone of the lawsuit and the request for production of the insurer’s claim file is automatic. Typically, the...more

Carlton Fields

Court Denies Motions To Compel Production Of Documents Unrelated To Reinsurance Policies At Issue In Action

Carlton Fields on

The dispute continues between Utica Mutual and Clearwater Insurance in the Northern District of New York where the court recently denied, in large part, the parties’ respective motions to compel discovery of insurance and...more

Carlton Fields

Court Orders Production Of Reinsurance-Related Discovery

Carlton Fields on

A federal district court has ordered Westchester Insurance to produce all files and documents in its possession evidencing any reinsurance agreements or related reinsurance communications that pertain to the insured’s policy...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide