Last week’s post, The Big Picture in Discovery of Insurer Claims Practices, discussed a case from the Supreme Court of Kentucky that provided an overview of how Courts tie together various principles of discovery that are generally raised in the discovery of bad faith cases. General rules of bad faith discovery vary between states and the types controversies at issue. An Indiana federal court decision, Harper v. Auto-Owners Ins. Co., 138 F.R.D. 655 (S.D. Ind. 1991), is a classic example.

Continue Reading Overcoming Work Product Objections that Relate to an Insurer’s Claims Investigation

Almost every attorney has filed a Motion to Compel regarding discovery. Sure, we’ve won some. Of course, we’ve lost some. And we’ve all gotten the “granted in part and denied in part.” But how many times has your motion to compel been granted in a bad faith case? When has the court ordered your insurer to produce both its “work product” and “attorney-client” privileged material about how your insured’s claim was handled? I know what you’re thinking – “it’ll never happen.” But it does…

Continue Reading “Going through the Motions” Is Usually Not Enough to Compel Bad Faith Discovery From an Insurer