Discovering Carrier Claim Files In Coverage Disputes

Law360, New York (December 3, 2013, 7:46 PM EST) -- When a carrier denies coverage, does it matter how the company has handled similar claims for other policyholders? Can a policyholder look at the claim files the carrier has created and maintained in connection with other claims?

For the lawyers on both sides of a coverage lawsuit, questions about what the carrier must disclose in discovery can be outcome determinative. Policyholders and carriers have spent vast amounts of energy, money and printer ink over the years fighting about whether, for example, the insured is entitled to...
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