Insurance Company Claim Files: Are They Discoverable?
- Topics:
- Fiduciary Liability
- Tags:
- Business Operations,
- Corporate Insurance,
- Extent,
- Illinois,
- Insurance,
- Insurance Company,
- Property Insurance,
- U.S. Supreme Court
- Source:
- Chuhak & Tecson, P.C.
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Overview: This article gives an overview of the relevant Illinois Supreme Court Rules, which is necessary in order to properly examine the extent, to which the insurer’s claim file may be discoverable in a first-party property insurance lawsuit. It explains that a blanket request for the production of an insurer’s claims file has been held not to be a categorical designation, which complies with the specificity requirement of Illinois Supreme Court Rule 214. Therefore, defense counsel should consider resisting a production request of that type. Neither, however, can a claim of attorney-client privilege be made and established on a blanket basis. Thus, the mere existence of an attorney-client relationship is insufficient to cloak all communications with privilege. What is required in each case, to a reasonable extent, is a document-by-document in-camera examination for determining the extent to which any privileges may apply.
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Format: HTML | Date: Jan 2003 | Pages: 1
