The defendants brought a motion seeking the production of the plaintiff's adverse cost insurance policy (ACP) during discovery.
The plaintiff resisted, arguing that only particulars of the policy were required and that the policy itself was not relevant to the issues in dispute.
The court, interpreting Rule 30.02(3) of the Rules of Civil Procedure, held that the rule mandates disclosure and production for inspection of any insurance policy that may indemnify a party for money paid in satisfaction of a judgment, including an ACP, regardless of its direct relevance to the substantive issues of the action.
The motion was granted, and the plaintiff was ordered to produce the policy.
