The plaintiffs brought a motion seeking answers to outstanding undertakings and refusals made by The Personal Insurance Company, a statutory third party, regarding its denial of coverage for the defendant Jouvaine M. Stennett.
The Personal argued that coverage issues are distinct from liability proceedings and that a statutory third party is not required to disclose information about its coverage position during discovery.
The court held that while coverage issues are distinct from liability, the information sought is relevant to issues engaged in the litigation and necessary for efficient case management.
The court ordered The Personal to provide answers to the undertakings and refusals within 30 days and awarded costs of $5,000 to the plaintiffs.
