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Expert Analysis

The Insurer's Dilemma: To Produce, Or Not To Produce?

By Victoria Vish, Zelle LLP (April 19, 2017, 3:36 PM EDT) -- "Request for Production Number 25: Produce the entire underwriter's file for underwriting the policy." This familiar discovery demand has become far too common in the realm of insurance coverage litigation, and the request is undoubtedly met with reluctance by the insurer. To produce, or not to produce? There is scarce case law on the issue, and few scholars have dedicated the time to articulating substantive reasons an insurer can (and may need to) withhold or object to producing the underwriting information....

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