The defendant brought a motion seeking an order that the plaintiffs disclose and produce information regarding an adverse costs insurance policy held by their law firm, which could satisfy a costs judgment.
The plaintiffs argued the policy was not disclosable under the Rules of Civil Procedure and was protected by privilege.
The court granted the defendant's motion, ruling that Rules 30.02(3) and 31.06(4) require disclosure of such policies regardless of who holds them, as they may be liable to satisfy a judgment.
The court found prior conflicting decisions unpersuasive and ordered specific disclosure, reserving on the issue of privilege for later determination if the parties could not agree.
