A Young Lawyer’s Guide to Navigating Discovery in Coverage and Bad-Faith Disputes[1]

In insurance coverage litigation, a young lawyer’s first opportunity to take ownership over part of the case is often in discovery. However, discovery in coverage and bad-faith actions can be contentious and the rules far from uniform across jurisdictions. Typically, insureds seek discovery of an insurer’s claim file, reserve information, reinsurance information, information regarding other insureds, the insurer’s manuals and guidelines, underwriting manuals, and a policy’s drafting history. However, whether an insurer must produce these documents depends on the jurisdiction in which the action is being litigated. Below are exemplar cases from various jurisdictions demonstrating how different courts have ruled on these discovery issues.