In Fed. Court, Is A Defendant Still Required To Produce An Existing Ins. Policy Even If They Are Claiming They Are Self-Insured?

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Defendant is a large national bank. In response to discovery request, they've identified having an insurance policy during the relevant time period, but object to producing the policy. Instead, they state that they are self-insured and "have more than adequate coverage for the purposes of this litigation." I'm sure the bank does have the assets to pay any judgment or settlement, however, my interest in seeing the entire policy has to do with other matters unrelated to coverage. Particularly, I'm interested in seeing if there are any additional insureds named in the policy that would be applicable to the lawsuit. Per FRCP 26(a)(1)(a)(iv), would I still be entitled to see the existing insurance policy even though Defendant is claiming sufficient self-insurance?

Attorney Answer

1
Robert Cohen ·
You've asked about this before, though it wasn't clear that your focus was on matters unrelated to ability to pay. If this question has been tackled before by a court, it might have been more focused on the purpose of Rule 26(a)(1) than on what you are after. So all I think you can get is an opinion, and an unresearched opinion at that. But I'll give it a shot. Without commenting on whether the existence of an additional insured would be in any way related to the case, or relevant or discoverable, I would hazard a guess that the purpose of the Rule 26(a)(1) disclosure is going to be strictly construed. The automatic disclosure is for one purpose and one only: to determine whether this defendant has the ability to pay. What you are seeking is more akin to a discovery request. Now that's with all the caveats I gave you, could be I'm wrong. You should subject this to some research if the question is that important.
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