Insurance 101 – Chapter 9 – Volume 114 – Discoverability of Insurance Claims Files

Discoverability of Insurance Claims Files

If an insurance investigation is done in anticipation of litigation, then that investigation file is protected from discovery by the opposing party. However, if the opposing party can demonstrate that it has a substantial need for the information and is unable to obtain the information by other means, it can be discovered. There is no absolute protection. If the investigation has begun without any anticipation of litigation and it subsequently becomes apparent to the investigator that litigation may result, the documents prepared by that investigator from the start of the investigation to the point at which it became apparent litigation might result are discoverable by the opposing party. The important question to determine discoverability is whether something in the claim file was prepared in anticipation of litigation.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.

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