The moving party sought an order compelling the insurer and broker defendants to produce additional documents and deliver a further and better affidavit of documents in an action concerning insurance coverage and alleged breach of the duty of utmost good faith.
The dispute arose after the insurer denied coverage relating to failures of transformers in solar installations, and the plaintiff alleged the defendants conducted an inadequate investigation and acted in bad faith.
The court held that the agency agreement between the insurer and broker, the underwriting file, and the claims and investigation files were relevant to issues of coverage and bad faith and therefore producible.
The court further found that the defendants failed to properly establish claims of solicitor‑client privilege and litigation privilege and ordered more particularized privilege schedules.
The motion was granted and the defendants were ordered to produce the requested documents and communications within 30 days.
