News & Analysis as of

Insurance Litigation Litigation Strategies Discovery

Morris, Manning & Martin, LLP

Foregoing Discovery Leads to Adverse Judgment Against Insurer

Although discovery is costly, skipping it altogether can be far costlier. Indeed, in a recent case in the Second Circuit, an insurer’s decision to skip discovery likely led to it paying more than the insurer bargained for....more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Butler Weihmuller Katz Craig LLP

Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be...more

Cozen O'Connor

Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois

Cozen O'Connor on

In determining when the work product doctrine is triggered, the Northern District of Illinois recently held that, rather than adopting a bright-line rule, the issue should be decided on a case-by-case basis at the court’s...more

Robins Kaplan LLP

Embracing the New Normal: Tips for Remote Depositions

Robins Kaplan LLP on

Get Your Virtual Background Ready! How To Navigate The New Realities Of Zoom Depositions - For many of us, connecting by Zoom, Teams, or WebEx has become routine. Whether it is for work-related meetings, online schooling,...more

Planet Depos, LLC

Important Reminders For Your Remote Deposition

Planet Depos, LLC on

You’ve likely been taking remote depositions for going on six months now, so you’re well-versed in the procedure. Even so, a refresher is always a good thing. Or perhaps you’ve been resisting the remote trend and are now...more

Jaburg Wilk

Virtual Depositions are as Easy as One, Two… Can You Hear Me, Now?

Jaburg Wilk on

For cost containment - or other reasons - attorneys are trying fewer civil cases to juries. Years ago, trial attorneys would easily try dozens of cases per year. Now, it is not uncommon for a “trial attorney” to try one or...more

McDermott Will & Emery

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

McDermott Will & Emery on

As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

Carlton Fields

New York Appellate Court Affirms Denial of Discovery Into Other Hurricane Sandy Claims

Carlton Fields on

In Knickerbocker Village Inc. v. Lexington Insurance Co., New York’s Appellate Division, First Judicial Department, dictated a clear rule for single-insured cases regarding the discovery of an insurer’s treatment of insurance...more

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part II – Focusing on Plausibility

Cozen O'Connor on

In Part I of this series, we discussed institutional bad faith and best practices for insurers to minimize the risk of these costly and intrusive lawsuits. In Part II, we will focus on cutting discovery off at the...more

Carlton Fields

New York Federal Court Curbs 30(B)(6) Topics And Quashes Non-Party Seeking The Same Testimony

Carlton Fields on

Defendants wanted to examine GEICO’s Rule 30(b)(6) witness about GEICO’s special investigation unit practices, protocols and guidelines, as well as its resources and procedures devoted to claim verification and fraud...more

Carlton Fields

Northern District Of Georgia Orders Cedent To Produce Information On Its Payment Of Claims

Carlton Fields on

Defendant Golden Isles Reinsurance Company, Limited (“Golden Isles”) sought detailed information regarding individual claims Canal Insurance Company (“Canal”) submitted for reimbursement under the parties’ reinsurance...more

Carlton Fields

Potential Secondary Effects of Regulatory Examinations: Evidentiary Issues and Preclusion in Parallel Litigation

Carlton Fields on

Increasingly aggressive and adversarial examinations by state regulators can expose insurers to troubling evidentiary issues in subsequent individual and class action litigation. Plaintiffs’ counsel may seek to admit into...more

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