Discovering Other Claim Files With Related Insurance Coverage Issues.
There's a great post over on the Insurance Scrawl blog about discovering other claim files with related insurance coverage issues. From the post:
Often judges seem to take the position that they understand what a particular policy provision must mean when they see it. But that is not the relevant legal question; the task for the judge is not to pick the best construction or the one he or she thinks makes the most sense. Rather, the hermeneutical task is: what construction does the language admit and is the construction being offered a reasonable one? To this end, evidence from claim files and other materials from insurers sheds light – and thus is discoverable and potentially admissible on motions for summary judgment and at trial.
The post has enough substantive information and case cites to make it worth printing and keeping around for any future insurance coverage or bad faith cases.
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