Quarterly Newsletter Winter 2017
Insurers faced with a bad faith lawsuit are often asked in discovery to produce copies of claim handling manuals and guidelines. Oftentimes such discovery requests are broad and request any manuals or guidelines used by the insurer regardless of whether it specifically applies to the policy at issue. Courts in various jurisdictions have allowed such broad discovery under a variety of circumstances. However, recent changes to the Federal Rules of Civil Procedure may make it more difficult for policyholders to obtain such materials absent a showing that the claim handling guidelines and manuals specifically relate to the policy at issue.