Wednesday, November 30, 2011

Bad Faith Discovery Decision out of Eastern District

In the recent case of Platt v. Fireman's Fund Ins. Co., 2011 WL 5598359 (E.D.Pa. Nov. 16, 2011) (mem.), Senior Judge Buckwalter of the Eastern District Federal Court of Pennsylvania ruled that claims manuals and other materials used to process plaintiff's claims may be relevant to the bad faith counts against a carrier. 

In this matter, the plaintiff was suing the defendant carrier for insurance benefits and for bad faith.  As part of her discovery efforts, the plaintiff requested the production of claims manuals.

After reviewing the law of the Federal Rules of Civil Procedure on the question presented, the court ordered the defendant  to produce any material pertaining to instructions and procedures for adjusting claims which were given to adjusters who worked on plaintiff's claim.  The Plaintiff was ordered to keep such information confidential.
I send thanks to Attorney William Mabius of the Pennsylvania Association for Justice for bringing this cse to my attention.

Here is a link to the Opinion:

Here is a link to the accompanying Order:

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