These documents, dated after the lawsuit was filed, are protected by both attorney-client privilege and the work-product doctrine as the communications were made with the purpose of seeking legal advice and discuss litigation strategy.” ISO claim search report discoverable “he ISO Claims Search Database is a nationwide database utilized by insurance companies to track claims history and detect fraud. Defendant’s privilege log indicates that these documents were withheld on the grounds that the information is ‘work product, mental impression, confidential, and post litigation.’ After in camera review, this Court finds that the documents have been appropriately withheld. Applying the Federal Rules of Civil Procedure, he found that the insurer did “not argue that its reserves were prepared in anticipation of litigation or other than in the normal course of business.” Internal emails regarding receipt of this lawsuit and assignment to legal counsel not discoverable The insurer “withheld internal emails regarding receipt of the lawsuit and assignment to its legal counsel. Magistrate Judge Perkin further rejected the argument that the reserves were protected work product. As the present case involved a valuation dispute, reserves were discoverable. Reserves discoverable in bad faith valuation dispute Magistrate Judge Perkin observed, “District Courts within the Third Circuit are split on the question of whether reserves are discoverable in bad faith cases.” He relied on Middle District Magistrate Judge Carlson’s Barnard decision, summarized here, holding that in bad faith cases, reserves are discoverable if the bad faith claim is based on a valuation dispute, rather than outright coverage denial. Magistrate Judge Perkin had already addressed numerous discovery issues in this case in an earlier opinion, summarized here, and now addresses the remaining issues after conducting an in camera review of certain documents on the insurer’s privilege log. Today’s summary is our 1,800th post This Eastern District opinion addresses discovery issues in a UIM bad faith case, including document production and issues arising out of plaintiff seeking to depose the insurer’s claim adjuster and corporate designee. It has been nearly 15 years since our first bad faith blog post, summarizing an opinion by the late Judge Albert Sheppard.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |