The defendants brought a motion to compel the plaintiffs to produce an adverse costs insurance policy (ACP) for inspection under Rule 30.02(3) of the Rules of Civil Procedure.
The plaintiffs had disclosed the existence and amount of the coverage but refused to produce the policy itself.
The court dismissed the motion, distinguishing previous case law because the ACP in this case was a blanket policy held by the plaintiffs' law firm, not the plaintiffs themselves.
The court found that producing the law firm's policy raised issues of solicitor-client privilege and that the policy was not within the possession, control, or power of the plaintiffs.
