In a personal injury action arising from a motor vehicle accident, the defendant brought a motion seeking permission for the insurer’s claims adjuster to attend the plaintiff’s examination for discovery as an observer.
The plaintiff opposed the request, arguing that the insurer was a non-party and that the adjuster’s presence would increase the stress of the discovery process.
The court reviewed principles governing the attendance of non-parties at discoveries and concluded that the categories permitting attendance were not exhaustive and that the court retained discretion to allow attendance where appropriate.
Given the rational reasons advanced by the adjuster and the lack of evidence demonstrating prejudice or intimidation to the plaintiff, the court permitted the adjuster to attend as an observer only.
No costs were awarded.
