Risk-adverse insurance companies routinely perform underwriting inspections. An insurance carrier's underwriting file will likely contain notes. Plaintiffs sought production of the insurance underwriting file on grounds that such information was relevant to the subject matter of the lawsuit. Courts routinely permit policyholders to discover documents from insurers' underwriting files, which can reveal their proprietary business.
Underwriting is the process of evaluating the risk of insuring a home, car, driver or individual in the case of life insurance or health insurance. Carrier Must Produce Its Underwriting File in Subro Litigation. Our last two newsletters discussed a Travelers Insurance subrogation action, involving an. In addition to the application for insurance, the underwriting file typically contains a number of other documents which should be reviewed in any investigation.
On May 27, , St. Elizabeth moved to compel National Fire to immediately produce the underwriting file for the insurance policy at issue. Inevitably, the insured will demand disclosure and production of the underwriting, and/or claims and investigation files, at least parts of which. production of an insurer's underwriting file along with the relevant insurance broker's file. Canada Insurance McCague Borlack LLP 2 Jul has denied a motion to compel an insurer to produce its claims file, underwriting file, and claims handling protocols in coverage litigation.