An insured was not entitled to discovery of its liability carrier's underwriting files in the carrier's action for declaratory relief, in Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (M.D. Pa. 2017).
The carrier's dec action revolved around the language of the policy it issued. In seeking discovery of underwriting materials, the policyholder defendant did not show that the policy was ambiguous regarding the language at issue. The Court in that case accordingly held that there was no basis for discovery of the carrier's underwriting files without such a showing.
Please Read The Disclaimer. ©2017 by Dennis J. Wall. All Rights Reserved.
Comments