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Expert Analysis

No Fishing In Unrelated Claim Files In Texas

Law360, New York (December 2, 2014, 12:02 PM EST) -- There will be no more fishing in Texas in unrelated claim files. The Supreme Court of Texas has summarily ended any debate as to whether discovery of an insurer's claim files for other policyholders is permissible — it is not. The brevity and simplicity of the analysis of this issue in the court's opinion in In Re National Lloyds Ins. Co. (Tex.) indicates that such discovery will almost always be considered impermissibly overbroad....

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