In a discovery decision just made available on Westlaw, a ruling was made which, if it stands, may affect discovery practices in bad faith litigation throughout the country.
In the case of Coulter v. State Farm Mutual Auto. Insurance Co., 2013 WL 6511560 (N.D. Fla. May 9, 2013)(Stampelos, USMJ), a U.S. Magistrate Judge granted an insurance company's motion to compel a complete answer to this interrogatory in an insurance bad faith case involving an alleged failure to settle:
The Interrogatory states: “Identify each and every offer [Defendant] made to Plaintiff ..., or those acting on her behalf, to pay the limits of bodily injury liability coverage available under [the insured defendant's] State Farm auto policy, bearing policy no. 5302–513–59E, in settlement of Plaintiff's bodily injury claim against State Farm's insured.” Doc. 24 at 12. For each such offer, Plaintiff was required to provide the date of the offer, form of the offer and its communicants, and the “name and address of each person who in [sic] or had any role in making decisions as to the acceptance or rejection of the offer to pay policy limits.” Id.
The Magistrate Judge gave the Plaintiff in this case 14 days to "supplement her answer" to this interrogatory. Coulter v. State Farm Mutual Auto. Insurance Co., 2013 WL 6511560 *4 (N.D. Fla. May 9, 2013)(Stampelos, USMJ).
© 2013 by Dennis J. Wall. All rights reserved. No claim to original U.S. Government works.
Please Read The Disclaimer.