Discovery of Evidence of Claims Bad Faith
Obtaining evidence to prove that an insurer acted in bad faith is often difficult since the proof requires more than an individual wrongful act. The party with the information, the insurer, seldom wishes to disclose that information, and the courts will seldom compel it to do so because of the right of other insureds to privacy. An insurer may resist production of other claims on the ground that the related burden and expense of producing those files is burdensome and oppressive.
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