News & Analysis as of

Evidence Discovery Insurance Claims

Cozen O'Connor

Southern District Court of New York Permits Extensive Discovery of Reserve And Reinsurance Information in Bad Faith Litigation

Cozen O'Connor on

In Mandarin Oriental, Inc. v. HDI Glob. Ins. Co. et al., Civil Action No. 23 Civ. 4951, 2025 WL 1638071 (S.D.N.Y. June 10, 2025), the District Court of the Southern District of New York followed the modern trend and allowed...more

Rodemer Kane Attorneys at Law

Can Text Messages Be Used as Evidence in Personal Injury Cases?

In today’s digital age, text messages play a significant role in communication. Whether through SMS, WhatsApp, or other messaging platforms, people send millions of messages daily, often discussing everything from social...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a...

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more

Zelle  LLP

Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context

Zelle LLP on

A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29,...more

Maison Law

Avoiding Common Mistakes When Filing a Personal Injury Claim in California

Maison Law on

Filing a personal injury claim can be challenging, especially in a state full of unusual laws like California. Each year thousands of Californians seek compensation for injuries and accidents. California has specific laws,...more

Buchalter

The 10 “P’s” to Prepare for Wildfire Litigation

Buchalter on

1) Preservation Demand.  Send an evidence preservation notice to anyone you think may be liable or contributed to the fire (so the entity is on notice not to destroy, delete, or alter relevant evidence)....more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - January 2025

Saul Ewing LLP on

This month’s Friday Five explores recent decisions including the standard of review for ERISA benefit denials, whether structural conflict entitles a claimant to conflict-of-interest discovery, whether a “relative value...more

Carlton Fields

Second Circuit Warns Insurers of Risks of Forgoing Discovery

Carlton Fields on

The Second Circuit Court of Appeals recently found an insurer’s decision to waive discovery foreclosed its ability to provide extrinsic evidence to resolve an ambiguous insurance policy. In Ezrasons Inc. v. Travelers...more

Carlton Fields

New York Supreme Court Holds Documents Created By Counsel During Claims Handling Were Not Privileged

Carlton Fields on

Pharmavite LLC filed a statement of loss under a policy issued by Crum & Forster Specialty Insurance Co. Crum & Forster disclaimed coverage, and Pharmavite commenced an action for breach of contract and declaratory judgment....more

Carlton Fields

Colorado Federal Court Rejects Attorney-Client Privilege for Communications Between Insurer’s Claims Adjuster and In-House Counsel

Carlton Fields on

In Olsen v. Owners Insurance Co., No. 1:18-cv-01665, 2019 WL 2502201 (D. Colo. June 17, 2019), the U.S. District Court for the District of Colorado found that neither the attorney-client privilege nor the work-product...more

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