In Gowan v. Mid Century Insurance Co., 309 F.R.D. 503 (D.S.D. 2015) (Duffy, U.S.M.J.), the Court ordered production of documents informing the denial of the plaintiff-policyholder's claim:
Mr. Gowan asks for an order compelling Mid Century to provide documents responsive to requests for production numbers 34 through 37. These requests seek from Mid Century every document or legal opinion that it relied upon to deny Mr. Gowan's request for Mid Century to pay for 100 percent of his total knee replacement surgery, both at the time Mid Century initially denied that request, and now in order to defend Mr. Gowan's bad faith claim.
Gowan v. Mid Century Insurance Co., 309 F.R.D. 503, 514 (D.S.D. 2015). The Court granted the motion to compel production responsive to these requests:
The court grants Mr. Gowan's motion to compel as to requests for production numbers 34 through 37. If the documents have already been provided, Mid Century shall identify by BATES stamp or other specific identifier which documents it relied upon then and now for the denial of Mr. Gowan's claim. Mid Century shall provide this information to Mr. Gowan within 14 days of the date of this order.
Gowan v. Mid Century Insurance Co., 309 F.R.D. 503, 515 (D.S.D. 2015).
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