Health Administration Responsibility Project
Discovery in Insurance Bad Faith Cases
Primarily from notes from an article by Gerald L. Kroll
CAALA Advocate, v.27 #2 p.18 (March 2000)
Supplemented from an article by Scott Glovsky
CAALA Advocate, v.29 #1 p.10 (Feb. 2002)
Documents to ask for.
- Claim File.
Required by Calif. Code of Regs, Art. X, Ch. 5, Subch. 7.5, sec.2965.3
There may be files at local, regional and home offices.
- Underwriting File.
- E-mail or computer-generated information.
- Insurer's records relating to Agency issues.
- Reserves and Reinsurance Materials.
see Lipton v. Sup.Ct, 48 CalApp4th 1599 (1996) re discoverability.
- Claims Manual.
see Glenfed v. Sup.Ct., 53 CalApp4th 1113 (1997)
- Underwriting Manual.
- Policy Language (Insurer's copy) and its drafting history.
- HMO's Advertising Documents and Promotional Material
- Extra Contractual Liability Insurance.
- Contract between HMO and IPA
- Contract between IPA and the Treating Physicians
- Info about Other Similar Claims and Suits. Re admissibility see:
Colonial Life v. Sup.Ct.(Perry) 31 Cal3d 785 (1982)
to show "regular business practice"
Moore v. Amer. United Ins., 150 CalApp3d 610 (1984) to show insurer
knew standards to use
Carey-Canada v. Calif. Union Ins., 118 FRD 242(DDC 1986) to show
interpretation of terms
Neal v. Farmers, 21 Cal3d 910 (1978), re proof of malice
- Dept. of Insurance or Dept. of Managed Care records.
- SEC records
- Records of Agent or Broker.
- Get help from your Experts with reviews of documents.
Who to Depose
- Claims Handler/Adjuster
- Claims Supervisor/Manager
- Coverage Counsel for Insurer
- Agent or Broker
Please send comments, suggestions and relevant citations to