Insurers often object to providing discovery that is purportedly available in the public domain. This objection is legally untenable. In Simon v. ProNational Insurance Company,1 the United States Southern District of Florida Court overruled Pronational Insurance Company’s “public record” objection, which had been raised in response to Simon’s request for Civil Remedy Notices filed against Pronational by similarly-situated insureds. In overruling the carrier’s objection, the Simon Court recognized/reasoned there is no guarantee documents purportedly available in the public domain are complete or accurate.
Insurers also often object to the production of reinsurance information. Well, the Simon Court also compelled Pronational to produce reinsurance documentation so that Simon could assess the carrier’s “evaluation of the claim and its communication with … (the reinsurer or bad faith insurer) regarding its decision to proceed in a course of conduct that injured its insured.”
Insurers also often object to the production of carrier personnel files. Well, the Simon Court also compelled Pronational to produce personnel files so that Simon could conduct “a complete examination of the relevant adjuster.”
In sum, Simon is a dynamite discovery decision that should be used.
To read previous posts in my series on dynamite discovery decisions, click here.
1 Simon v. ProNational Ins. Co., No. 07-60757, 2007 WL 4893477 (S.D. Fla. Nov. 1, 2007).
