The lesson of this case is simple: If a party has not served the discovery on which a motion to compel is based on an opposing party, the party cannot succeed on a motion to compel against the opposing party. MDAdvantage Insurance Company of New Jersey v. Hasiuk, et al., 2018 WL 3328049, USDC, E.D. PA (2018).
MDAdvantage Insurance Co. of New Jersey (MDA) filed a declaratory-judgment action against Dr. Aaron Hasiuk and Bucks County Women’s Healthcare (BCWH). MDA argued that it had no duty to defend or pay damages on behalf of Hasiuk or BCWH in a state-court medical-negligence action filed against Hasiuk or BCWH by Sisco because of material misrepresentations allegedly made by Hasiuk in his application for insurance coverage. Sisco filed two motions to compel, one based on discovery served by Sisco on MDA, and the other based on discovery served by MDA, not Sisco, on Hasiuk and BCWH.