![]() ![]() Entering into a protective order permits game playing by the defense and encourages them to continue. Once plaintiffs agree to the protective order, defendants often continue to deny access to the full information and documents related to umbrella and excess coverage and will often produce only their primary coverage information. They consistently refuse to provide information regarding insurance coverage or to produce copies of declaration pages in response to corresponding requests for production without plaintiffs first entering into a protective order regarding this information. Rideshare companies are some of the worst offenders. It does not help that there are limited remedies when defendants fail to disclose all levels of coverage other than a bad-faith action by the defendant after a large verdict, so the defense knows they can get away with these misrepresentations and omissions. ![]() We are bewildered by the frequency with which defense attorneys still lie about the applicable coverage, even in the face of a specific special interrogatory seeking this very information, and more so when the same carrier provides both the primary and the excess or umbrella levels of coverage. Even then, defendants and their insurance companies frequently misrepresented the limits of coverage. Until rideshare companies (e.g., Uber and Lyft) entered the scene, most of the motion writing and meeting and conferring in this topic area was focused on ascertaining umbrella or excess coverage. Form Interrogatory 4.1 asks for all policies of insurance through which the defendant is or might be insured “in any manner (for example, including primary, pro-rata, or excess liability coverage or medical expense coverage) for the damages, claims or actions that have arisen out of the Incident.” The Form Interrogatories are approved by the Judicial Council of California and are therefore per se reasonable. Showing that we will not permit our clients to be intimidated or be taken advantage of and that we will not back down is essential to achieving the best results possible for our clients.Ĭalifornia’s Form Interrogatories- General (DISC-001) are designed to help attorneys ascertain basic information from defendants, including insurance coverage information, with minimal controversy or work involved. To obtain information to which we are entitled, and to protect our clients from abusive discovery tactics, we must proactively file motions to compel and protective orders. The areas we see frequent discovery abuse by the defense are in the areas of (1) producing insurance- coverage information, incident reports and witness statements, sub rosa, and defendants’ repair records, (2) refusing to appear for remote depositions, and (3) propounding excessive, invasive, and harassing discovery requests. Plaintiffs’ lawyers should be resolute against game playing from the outset of the case. However, there are a few key areas that deserve emphasizing to help you take control over the litigation, gain strategic advantage over the defense, and stop defense’s frequent game playing. There are numerous articles on how to file motions to compel and general discovery motion practice tips and strategies. In this era of pandemic and stay-home orders, we are seeing an uptick in billing opportunities by the defense, many involving issues dealing with discovery and non-compliance with the discovery statutes.
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