Insurer Ordered to Produce Facts Regarding Affirmative Defenses, Drafting History and Underwriting Testimony
In insurance coverage litigation, insurers frequently fight vigorously to prevent discovery by their insureds. Even though the insurer often pleads affirmative defenses numbering in the dozens, the insurer resists all efforts by the insured to obtain discovery of the factual basis for such alleged defenses. In addition, experience shows that discovery into the "drafting history" of policy forms-including the drafting of alternative wording not used in the policies at issue, can be very helpful, often showing that the policy wording was not intended to be applied in the manner the insurer now claims.