How will an insurer stall during legal proceedings?

We know that some insurance companies will go to extraordinary lengths to avoid paying otherwise legitimate claims, so it should not be surprising when they are less than ardent about answering discovery requests.

The process of discovery is very important when litigating insurance bad faith cases. Essentially, an aggrieved plaintiff is allowed to request information concerning the insurer’s guidelines with regard to responding to claims, its agreements with contractors investigating loss claims, information concerning loss ratios, as well as any other relevant information. 

An insurer may object to this as a “fishing expedition” that is not rationally related to the procurement of relevant evidence. This may be expected because a “wide net” could yield damaging information. An insurer may also claim that discovery should be limited when multiple claims are brought (insurance bad faith with a breach of contract claim, for example) in the hopes of prolonging litigation of the most lucrative claim so that a plaintiff may give up or run out of money.

Despite these hopes, a court may be inclined to decline such a request, especially when the claims are so closely related that one set of evidence may satisfy inquiries into both. A recent U.S. District Court ruling exemplifies this notion.

The court rejected the insurer’s request to separate the bad faith and breach of contract claims, reasoning that consolidation achieves the aim of “promoting expeditious resolution” of the case because both claims required the same body of evidence and testimony from the same set of witnesses.

If you are having difficulties with an insurer or suspect that bad faith is behind the rejection of a claim, an experienced insurance law attorney can help. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Sedona Office
25 Schnebly Hill Road
Sedona, AZ 86336

Toll Free: 928-282-3111
Phone: 928-282-3111
Sedona Law Office Map

San Diego Office
501 W. Broadway
Suite 807
San Diego, CA 92101

San Diego Law Office Map

San Diego: 928-282-3111
Toll Free: 928-282-3111
Phoenix: 928-282-3111
Toll Free: 928-282-3111
San Diego: 928-282-3111