The defendant insurers brought a motion for further and better affidavits of documents from the plaintiff insureds in a coverage dispute under a builders' risk insurance policy.
The dispute arose from a 15-month delay in completing a light rail transit project, which the plaintiffs attributed to a sinkhole event.
The defendants sought production of subcontractor change orders, native schedules, and delay-related correspondence to explore other potential causes of the delay.
The court dismissed the request for change orders and schedules as premature and insufficiently substantiated, but granted the request for certain delay-related correspondence to assist in identifying other subcontractors who may have caused delays.
